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Key: (1) language to be deleted (2) new language

                             CHAPTER 12-S.F.No. 112 
                  An act relating to probate; adopting article 5 of the 
                  Uniform Probate Code relating to guardianship and 
                  conservatorship; amending Minnesota Statutes 2002, 
                  sections 145C.09, by adding a subdivision; 201.014, 
                  subdivision 2; 201.15, subdivision 1; 245A.041; 
                  507.04; 524.2-502; 524.3-203; proposing coding for new 
                  law in Minnesota Statutes, chapter 524; repealing 
                  Minnesota Statutes 2002, sections 524.5-505; 525.539; 
                  525.54; 525.541; 525.542; 525.543; 525.544; 525.545; 
                  525.55; 525.5501; 525.551; 525.5515; 525.552; 525.56; 
                  525.561; 525.562; 525.57; 525.58; 525.581; 525.582; 
                  525.583; 525.59; 525.591; 525.60; 525.61; 525.615; 
                  525.6155; 525.616; 525.6165; 525.617; 525.6175; 
                  525.618; 525.6185; 525.619; 525.6192; 525.6194; 
                  525.6195; 525.6196; 525.6197; 525.6198; 525.6199; 
                  525.62; 525.63; 525.64; 525.641; 525.642; 525.65; 
                  525.651; 525.652; 525.66; 525.661; 525.662; 525.67; 
                  525.68; 525.69; 525.691; 525.692; 525.70; 525.702; 
                  525.703; 525.705. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                   ARTICLE 1
                              ADOPTION OF UNIFORM
                  GUARDIANSHIP AND PROTECTIVE PROCEEDINGS ACT
                                     PART 1
                               GENERAL PROVISIONS
           Section 1.  [524.5-101] [SHORT TITLE.] 
           Sections 524.5-101 to 524.5-502 may be cited as the Uniform 
        Guardianship and Protective Proceedings Act. 
           Sec. 2.  [524.5-102] [DEFINITIONS.] 
           Subdivision 1.  [SCOPE.] As used in sections 524.5-101 to 
        524.5-502, the terms defined in this section have the meanings 
        given them. 
           Subd. 2.  [CLAIM.] "Claim," with respect to a protected 
        person, includes a claim against an individual, whether arising 
        in contract, tort, or otherwise, and a claim against an estate 
        which arises at or after the appointment of a conservator, 
        including expenses of administration. 
           Subd. 3.  [CONSERVATOR.] "Conservator" means a person who 
        is appointed by a court to manage the estate of a protected 
        person and includes a limited conservator. 
           Subd. 4.  [COURT.] "Court" means the district court. 
           Subd. 5.  [GUARDIAN] "Guardian" means a person who has 
        qualified as a guardian of a minor or incapacitated person 
        pursuant to appointment by a parent or spouse, or by the court, 
        and includes a limited, emergency, or temporary substitute 
        guardian but not a guardian ad litem. 
           Subd. 6.  [INCAPACITATED PERSON.] "Incapacitated person" 
        means an individual who, for reasons other than being a minor, 
        is impaired to the extent of lacking sufficient understanding or 
        capacity to make or communicate responsible personal decisions, 
        and who has demonstrated deficits in behavior which evidence an 
        inability to meet personal needs for medical care, nutrition, 
        clothing, shelter, or safety, even with appropriate 
        technological assistance. 
           Subd. 7.  [INTERESTED PERSON.] "Interested person" includes:
           (i) the ward, protected person, or respondent; 
           (ii) a nominated guardian or conservator, or the duly 
        appointed guardian or conservator; 
           (iii) legal representative; 
           (iv) the spouse, parent, adult children and siblings, or if 
        none of such persons is living or can be located, the next of 
        kin of the ward, protected person, or respondent; 
           (v) an adult person who has lived with a ward, protected 
        person, or respondent for a period of more than six months; 
           (vi) an attorney for the ward or protected person; 
           (vii) a governmental agency paying or to which an 
        application has been made for benefits for the respondent, ward, 
        or protected person, including the county social services agency 
        for the person's county of residence and the county where the 
        proceeding is venued; 
           (viii) a health care agent or proxy appointed pursuant to a 
        health care directive as defined in section 145C.01, a living 
        will under chapter 145B, or other similar document executed in 
        another state and enforceable under the laws of this state; and 
           (ix) any other person designated by the court. 
           Subd. 8.  [LEGAL REPRESENTATIVE.] "Legal representative" 
        includes a representative payee, a guardian or conservator 
        acting for a respondent in this state or elsewhere, or a trustee 
        or custodian of a trust or custodianship of which the respondent 
        is a beneficiary. 
           Subd. 9.  [LETTERS.] "Letters" includes letters of 
        guardianship and letters of conservatorship. 
           Subd. 10.  [MINOR.] "Minor" means an unemancipated 
        individual who has not attained 18 years of age. 
           Subd. 11.  [NEXT OF KIN.] "Next of kin" shall be determined 
        by the court. 
           Subd. 12.  [PARENT.] "Parent" means a parent whose parental 
        rights have not been terminated. 
           Subd. 13.  [PERSON.] "Person" means an individual, 
        corporation, business trust, estate, trust, partnership, limited 
        liability company, association, joint venture, government, 
        governmental subdivision, agency, or instrumentality, or any 
        other legal or commercial entity. 
           Subd. 14.  [PROTECTED PERSON.] "Protected person" means a 
        minor or other individual for whom a conservator has been 
        appointed or other protective order has been made. 
           Subd. 15.  [RESPONDENT.] "Respondent" means an individual 
        for whom the appointment of a guardian or conservator or other 
        protective order is sought. 
           Subd. 16.  [STATE.] "State" means a state of the United 
        States, the District of Columbia, Puerto Rico, the United States 
        Virgin Islands, or a territory or insular possession subject to 
        the jurisdiction of the United States. 
           Subd. 17.  [WARD.] "Ward" means an individual for whom a 
        guardian has been appointed. 
           Sec. 3.  [524.5-103] [SUPPLEMENTAL GENERAL PRINCIPLES OF 
        LAW APPLICABLE.] 
           Unless displaced by the particular provisions of this 
        article, the principles of law and equity supplement its 
        provisions. 
           Sec. 4.  [524.5-104] [FACILITY OF TRANSFER.] 
           (a) A person required to transfer money or personal 
        property to a minor may do so, as to an amount or value not 
        exceeding $5,000 per year, by transferring it to: 
           (1) a person who has the care and custody of the minor and 
        with whom the minor resides; 
           (2) a guardian of the minor; 
           (3) a custodian under the Uniform Transfers To Minors Act 
        or custodial trustee under the Uniform Custodial Trust Act; or 
           (4) a financial institution as a deposit in an 
        interest-bearing account or certificate in the sole name of the 
        minor and giving notice of the deposit to the minor. 
           (b) This section does not apply if the person making 
        payment or delivery knows that a conservator has been appointed 
        or that a proceeding for appointment of a conservator of the 
        minor is pending. 
           (c) A person who transfers money or property in compliance 
        with this section is not responsible for its proper application. 
           (d) A guardian or other person who receives money or 
        property for a minor under paragraph (a), clause (1) or (2), may 
        only apply it to the support, care, education, health, and 
        welfare of the minor, and may not derive a personal financial 
        benefit except for reimbursement for necessary expenses.  Any 
        excess must be preserved for the future support, care, 
        education, health, and welfare of the minor and any balance must 
        be transferred to the minor upon emancipation or attaining 
        majority.  
           Sec. 5.  [524.5-106] [SUBJECT-MATTER JURISDICTION.] 
           This article applies to, and the court has jurisdiction 
        over, guardianship and related proceedings for individuals 
        domiciled or present in this state, protective proceedings for 
        individuals domiciled in or having property located in this 
        state, and property coming into the control of a guardian or 
        conservator who is subject to the laws of this state.  This 
        article does not apply to any matters or proceedings arising 
        under or governed by chapters 252A, 259, and 260C.  
        Notwithstanding anything else to the contrary, chapters 252A, 
        259, and 260C exclusively govern the rights, duties, and powers 
        of social service agencies, the commissioner of human services, 
        licensed child placing agencies, and parties with respect to all 
        matters and proceedings arising under those chapters. 
           Sec. 6.  [524.5-107] [TRANSFER OF JURISDICTION.] 
           (a) Following the appointment of a guardian or conservator 
        or entry of another protective order, the court making the 
        appointment or entering the order may transfer the proceeding to 
        a court in another county in this state or to another state if 
        the court is satisfied that a transfer will serve the best 
        interest of the ward or protected person. 
           (b) A guardian, conservator, or like fiduciary appointed in 
        another state may petition the court for appointment as a 
        guardian or conservator in this state if the state has 
        jurisdiction.  The appointment may be made upon proof of 
        appointment in the other state and presentation of a certified 
        copy of the portion of the court record in the other state 
        specified by the court in this state.  Notice of hearing on the 
        petition, together with a copy of the petition, must be given to 
        the ward or protected person, if the ward or protected person 
        has attained 14 years of age, and to the persons who would be 
        entitled to notice if the regular procedures for appointment of 
        a guardian or conservator under this article were applicable.  
        The court shall make the appointment in this state unless it 
        concludes that the appointment would not be in the best interest 
        of the ward or protected person.  Upon the filing of an 
        acceptance of office and any required bond, the court shall 
        issue appropriate letters of guardianship or conservatorship.  
        Within 14 days after an appointment, the guardian or conservator 
        shall send or deliver a copy of the order of appointment to the 
        ward or protected person, if the ward or protected person has 
        attained 14 years of age, and to all persons given notice of the 
        hearing on the petition. 
           Sec. 7.  [524.5-108] [VENUE.] 
           (a) Venue for a guardianship proceeding for a minor is in 
        the county of this state in which the minor resides or is 
        present at the time the proceeding is commenced. 
           (b) Venue for a guardianship proceeding for an 
        incapacitated person is in the county of this state in which the 
        respondent resides and, if the respondent has been admitted to 
        an institution by order of a court of competent jurisdiction, in 
        the county in which that court is located.  Venue for the 
        appointment of an emergency or a temporary guardian of an 
        incapacitated person is also in the county in which the 
        respondent is present. 
           (c) Venue for a protective proceeding is in the county of 
        this state in which the respondent resides, whether or not a 
        guardian has been appointed in another place or, if the 
        respondent does not reside in this state, in any county of this 
        state in which property of the respondent is located. 
           (d) If a proceeding under this article is brought in more 
        than one county in this state, the court of the county in which 
        the proceeding is first brought has the exclusive right to 
        proceed unless that court determines that venue is properly in 
        another court or that the interests of justice otherwise require 
        that the proceeding be transferred. 
           (e) If it is in the best interest of the ward or protected 
        person, the venue may be transferred to another county.  Upon 
        the filing of a petition by any interested person, or upon the 
        court's own motion, the court shall fix a time and place for the 
        hearing on the transfer.  Notice must be given to interested 
        persons, the district court of the county to which venue is 
        proposed to be transferred, and any other party the court 
        designates.  Upon proof that a transfer of venue is in the best 
        interest of the ward or protected person or the ward or 
        protected person's estate, and upon settlement and allowance of 
        the conservator's accounts, if any, to the time of the hearing, 
        the court shall transmit the entire file to the court of the 
        other county, where all subsequent proceedings must be held. 
           Sec. 8.  [524.5-109] [PRACTICE IN COURT.] 
           (a) Except as otherwise provided in this article, the rules 
        of civil procedure, including the rules concerning appellate 
        review, govern proceedings under this article. 
           (b) If guardianship and protective proceedings as to the 
        same individual are commenced or pending in the same court, the 
        proceedings may be consolidated. 
           Sec. 9.  [524.5-110] [LETTERS OF OFFICE.] 
           The court shall issue appropriate letters of guardianship 
        upon the guardian's filing of an acceptance of office.  The 
        court shall issue appropriate letters of conservatorship upon 
        the conservator's filing of an acceptance of office and any 
        required bond.  Letters of guardianship must indicate whether 
        the guardian was appointed by the court, a parent, or the 
        spouse.  Any limitation on the powers of a guardian or 
        conservator or of the assets subject to a conservatorship must 
        be endorsed on the guardian's or conservator's letters. 
           Sec. 10.  [524.5-111] [EFFECT OF ACCEPTANCE OF 
        APPOINTMENT.] 
           By accepting appointment as guardian or conservator, a 
        guardian or conservator submits personally to the jurisdiction 
        of the court in any proceeding relating to the guardianship or 
        conservatorship.  The petitioner shall send or deliver notice of 
        any proceeding to the guardian or conservator at the guardian's 
        or conservator's address shown in the court records and at any 
        other address then known to the petitioner.  
           Sec. 11.  [524.5-112] [TERMINATION OF OR CHANGE IN 
        GUARDIAN'S OR CONSERVATOR'S APPOINTMENT.] 
           (a) The appointment of a guardian or conservator terminates 
        upon the death, resignation, or removal of the guardian or 
        conservator or upon termination of the guardianship or 
        conservatorship.  A resignation of a guardian or conservator is 
        effective when approved by the court.  A parental or spousal 
        appointment as guardian under an informally probated will 
        terminates if the will is later denied probate in a formal 
        proceeding.  Termination of the appointment of a guardian or 
        conservator does not affect the liability of either for previous 
        acts or the obligation to account for money and other assets of 
        the ward or protected person. 
           (b) A ward, protected person, or interested person may 
        petition for removal of a guardian or conservator on the ground 
        that removal would be in the best interest of the ward or 
        protected person or for other good cause.  A guardian or 
        conservator may petition for permission to resign.  A petition 
        for removal or permission to resign may include a request for 
        appointment of a successor guardian or conservator. 
           (c) The court may appoint an additional guardian or 
        conservator at any time, to serve immediately or upon some other 
        designated event, and may appoint a successor guardian or 
        conservator in the event of a vacancy or make the appointment 
        prior to a vacancy, to serve when a vacancy occurs.  An 
        additional or successor guardian or conservator may file an 
        acceptance of appointment at any time after the appointment, but 
        in no case later than 30 days after the occurrence of the 
        vacancy or other designated event.  The additional or successor 
        guardian or conservator becomes eligible to act on the 
        occurrence of the vacancy or designated event, or the filing of 
        the acceptance of appointment, whichever occurs last.  A 
        successor guardian or conservator succeeds to the predecessor's 
        powers, and a successor conservator succeeds to the 
        predecessor's title to the protected person's assets. 
           Sec. 12.  [524.5-113] [NOTICE.] 
           (a) Except for notice for which specific requirements are 
        otherwise provided in this article or as otherwise ordered by 
        the court for good cause, notice of a hearing on a petition is 
        required for all petitions in the manner prescribed by this 
        section.  The petitioner shall give notice of the time and place 
        of the hearing to all interested persons.  Notice must be given 
        by mail postmarked at least 14 days before the hearing.  
           (b) Proof of notice must be made before or at the hearing 
        and filed in the proceeding. 
           (c) A notice under this article must be given in plain 
        language. 
           (d) If a patient of a state hospital, regional center, or 
        any state-operated service has a guardianship or conservatorship 
        established, modified, or terminated, the head of the state 
        hospital, regional center, or state-operated service shall be 
        notified.  The notice shall require the institution to advise 
        the court of the existence, if known, of a health care directive 
        as defined in section 145C.01, executed by the proposed ward, 
        incapacitated person, or protected person, a living will 
        executed under chapter 145B, or any other similar document 
        executed in another state and enforceable under the laws of this 
        state.  If a ward, incapacitated person, or protected person is 
        under the guardianship or conservatorship of the commissioner of 
        human services as mentally retarded or dependent and neglected 
        or is under the temporary custody of the commissioner of human 
        services, the court shall notify the commissioner of human 
        services if the public guardianship or conservatorship is 
        established, modified, or terminated. 
           (e) If a conservator is required to file a bond pursuant to 
        section 524.5-415, notice of any proceeding must be sent or 
        delivered to the surety at the address shown in the court 
        records at the place where the bond is filed and to any other 
        address then known to the petitioner. 
           Sec. 13.  [524.5-114] [WAIVER OF NOTICE.] 
           A person may waive notice by a writing signed by the person 
        or the person's attorney and filed in the proceeding.  However, 
        a respondent, ward, or protected person may not waive notice. 
           Sec. 14.  [524.5-115] [GUARDIAN AD LITEM.] 
           At any stage of a proceeding, a court may appoint a 
        guardian ad litem if the court determines that representation of 
        the interest otherwise would be inadequate.  If not precluded by 
        a conflict of interest, a guardian ad litem may be appointed to 
        represent several individuals or interests.  The court shall 
        state on the record the duties of the guardian ad litem and its 
        reasons for the appointment. 
           Sec. 15.  [524.5-117] [MULTIPLE APPOINTMENTS OR 
        NOMINATIONS.] 
           If a respondent or other person makes more than one written 
        appointment or nomination of a guardian or a conservator, the 
        most recent controls. 
           Sec. 16.  [524.5-118] [BACKGROUND STUDY.] 
           Subdivision 1.  [WHEN REQUIRED; EXCEPTION.] (a) The court 
        shall require a background study under this section: 
           (1) before the appointment of a guardian or conservator, 
        unless a background study has been done on the person under this 
        section within the previous five years; and 
           (2) once every five years after the appointment, if the 
        person continues to serve as a guardian or conservator. 
           (b) The background study must include criminal history data 
        from the bureau of criminal apprehension, other criminal history 
        data held by the commissioner of human services, and data 
        regarding whether the person has been a perpetrator of 
        substantiated maltreatment of a vulnerable adult and a minor. 
           (c) The court shall request a search of the National 
        Criminal Records Repository if the proposed guardian or 
        conservator has not resided in Minnesota for the previous five 
        years or if the bureau of criminal apprehension information 
        received from the commissioner of human services under 
        subdivision 2, paragraph (b), indicates that the subject is a 
        multistate offender or that the individual's multistate offender 
        status is undetermined. 
           (d) If the guardian or conservator is not an individual, 
        the background study must be done on all individuals currently 
        employed by the proposed guardian or conservator who will be 
        responsible for exercising powers and duties under the 
        guardianship or conservatorship. 
           (e) If the court determines that it would be in the best 
        interests of the ward or protected person to appoint a guardian 
        or conservator before the background study can be completed, the 
        court may make the appointment pending the results of the study. 
           (f) The fee for conducting a background study for 
        appointment of a professional guardian or conservator must be 
        paid by the guardian or conservator.  In other cases, the fee 
        must be paid as follows: 
           (1) if the matter is proceeding in forma pauperis, the fee 
        is an expense for purposes of section 524.5-502, paragraph (a); 
           (2) if there is an estate of the ward or protected person, 
        the fee must be paid from the estate; or 
           (3) in the case of a guardianship or conservatorship of the 
        person that is not proceeding in forma pauperis, the court may 
        order that the fee be paid by the guardian or conservator or by 
        the court. 
           (g) The requirements of this subdivision do not apply if 
        the guardian or conservator is: 
           (1) a state agency or county; 
           (2) a parent or guardian of a proposed ward or protected 
        person who has mental retardation or a related condition, if the 
        parent or guardian has raised the proposed ward or protected 
        person in the family home until the time the petition is filed, 
        unless counsel appointed for the proposed ward or protected 
        person under section 524.5-205, paragraph (d); 524.5-304, 
        paragraph (b); 524.5-405, paragraph (a); or 524.5-406, paragraph 
        (b), recommends a background study; or 
           (3) a bank with trust powers, bank and trust company, or 
        trust company, organized under the laws of any state or of the 
        United States and which is regulated by the commissioner of 
        commerce or a federal regulator. 
           Subd. 2.  [PROCEDURE; CRIMINAL HISTORY AND MALTREATMENT 
        RECORDS BACKGROUND CHECK.] (a) The court shall request the 
        commissioner of human services to complete a background study 
        under section 245A.041.  The request must be accompanied by the 
        applicable fee and the signed consent of the subject of the 
        study authorizing the release of the data obtained to the 
        court.  If the court is requesting a search of the National 
        Criminal Records Repository, the request must be accompanied by 
        a set of classifiable fingerprints of the subject of the study.  
        The fingerprints must be recorded on a fingerprint card provided 
        by the commissioner of human services. 
           (b) The commissioner of human services shall provide the 
        court with information from the bureau of criminal 
        apprehension's criminal justice information system, other 
        criminal history data held by the commissioner of human 
        services, and data regarding substantiated maltreatment of 
        vulnerable adults under section 626.557 and substantiated 
        maltreatment of minors under section 626.556 within 15 working 
        days of receipt of a request.  If the subject of the study has 
        been the perpetrator of substantiated maltreatment of a 
        vulnerable adult or minor, the response must include a copy of 
        the public portion of the investigation memorandum under section 
        626.557, subdivision 12b, or the public portion of the 
        investigation memorandum under section 626.556, subdivision 
        10f.  If the court did not request a search of the National 
        Criminal Records Repository and information from the bureau of 
        criminal apprehension indicates that the subject is a multistate 
        offender or that multistate offender status is undetermined, the 
        response must include this information.  The commissioner shall 
        provide the court with information from the National Criminal 
        Records Repository within three working days of the 
        commissioner's receipt of the data. 
           (c) Notwithstanding section 626.557, subdivision 12b, or 
        626.556, subdivision 10f, if the commissioner of human services 
        or a county lead agency has information that a person on whom a 
        background study was previously done under this section has been 
        determined to be a perpetrator of maltreatment of a vulnerable 
        adult or minor, the commissioner or the county may provide this 
        information to the court that requested the background study.  
        The commissioner may also provide the court with additional 
        criminal history or substantiated maltreatment information that 
        becomes available after the background study is done. 
           Subd. 3.  [FORM.] The commissioner of human services shall 
        develop a form to be used for requesting a background study 
        under this section, which must include: 
           (1) a notification to the subject of the study that the 
        court will request the commissioner to perform a background 
        study under this section; 
           (2) a notification to the subject of the rights in 
        subdivision 4; and 
           (3) a signed consent to conduct the background study. 
           Subd. 4.  [RIGHTS.] The court shall notify the subject of a 
        background study that the subject has the following rights: 
           (1) the right to be informed that the court will request a 
        background study on the subject for the purpose of determining 
        whether the person's appointment or continued appointment is in 
        the best interests of the ward or protected person; 
           (2) the right to be informed of the results of the study 
        and to obtain from the court a copy of the results; and 
           (3) the right to challenge the accuracy and completeness of 
        information contained in the results under section 13.04, 
        subdivision 4, except to the extent precluded by section 
        256.045, subdivision 3. 
                                     PART 2
                               GUARDIAN OF MINOR
           Sec. 17.  [524.5-201] [APPOINTMENT AND STATUS OF GUARDIAN.] 
           A person becomes a guardian of a minor by parental 
        appointment, by designation of a standby guardian pursuant to 
        chapter 257B, or upon appointment by the court.  The 
        guardianship continues until terminated, without regard to the 
        location of the guardian or minor ward. 
           Sec. 18.  [524.5-202] [PARENTAL APPOINTMENT OF GUARDIAN.] 
           (a) A guardian may be appointed by will, by designation of 
        a standby guardian pursuant to chapter 257B, or by other signed 
        writing executed in the same manner as a health care directive 
        under chapter 145C by a parent for any minor child the parent 
        has or may have in the future.  The appointment may specify the 
        desired limitations on the powers to be given to the guardian.  
        The appointing parent may revoke or amend the appointment prior 
        to court confirmation. 
           (b) Upon petition of an appointing parent and a finding 
        that the appointing parent will likely become unable to care for 
        the child within two years or less, and after notice as provided 
        in section 524.5-205, paragraph (b), the court, before the 
        appointment becomes effective, may confirm the parent's 
        selection of a guardian and terminate the rights of others to 
        object. 
           (c) Subject to section 524.5-203, the appointment of a 
        guardian becomes effective upon the appointing parent's death, 
        an adjudication that the parent is an incapacitated person, or a 
        written determination by a physician who has examined the parent 
        that the parent is no longer able to care for the child, 
        whichever occurs first. 
           (d) The guardian becomes eligible to act upon the filing of 
        an acceptance of appointment, which must be filed within 30 days 
        following the effective date of the guardian's appointment.  The 
        guardian shall: 
           (1) file the acceptance of appointment and a copy of the 
        will with the court of the county in which the will was or could 
        be probated or, in the case of another appointing instrument, 
        file the acceptance of appointment and the appointing instrument 
        with the court of the county in which the minor resides or is 
        present; and 
           (2) give written notice of the acceptance of appointment to 
        the appointing parent, if living, the minor, if the minor has 
        attained 14 years of age, and a person other than the parent 
        having care and custody of the minor. 
           (e) Unless the appointment was previously confirmed by the 
        court, the notice given under paragraph (d), clause (2), must 
        include a statement of the right of those notified to terminate 
        the appointment by filing a written objection in the court as 
        provided in section 524.5-203. 
           (f) Unless the appointment was previously confirmed by the 
        court, within 30 days after filing the notice and the appointing 
        instrument, a guardian shall petition the court for confirmation 
        of the appointment, giving notice in the manner provided in 
        section 524.5-205, paragraph (b). 
           (g) The appointment of a guardian by a parent does not 
        supersede the parental rights of either parent.  If both parents 
        are dead or have been adjudged incapacitated persons, an 
        appointment by the last parent who dies or was adjudged 
        incapacitated has priority.  An appointment by a parent which is 
        effected by filing the guardian's acceptance under a will 
        probated in the state of the testator's domicile is effective in 
        this state. 
           (h) The powers of a guardian who timely complies with the 
        requirements of paragraphs (d) and (e) relate back to give acts 
        by the guardian which are of benefit to the minor and occurred 
        on or after the date the appointment became effective the same 
        effect as those that occurred after the filing of the acceptance 
        of the appointment. 
           (i) The authority of a guardian appointed under this 
        section terminates upon the first to occur of the appointment of 
        a guardian by the court or the giving of written notice to the 
        guardian of the filing of an objection pursuant to section 
        524.5-203. 
           Sec. 19.  [524.5-203] [OBJECTION BY MINOR OR OTHERS TO 
        PARENTAL APPOINTMENT.] 
           Until the court has confirmed an appointee under section 
        524.5-202, a minor who is the subject of an appointment by a 
        parent and who has attained 14 years of age, the other parent, 
        or a person other than a parent or guardian having custody or 
        care of the minor may prevent or terminate the appointment at 
        any time by filing in the court in which the appointing 
        instrument is filed a written objection and by giving notice of 
        the objection to the guardian and any other persons entitled to 
        notice of the acceptance of the appointment.  An objection may 
        be withdrawn, and if withdrawn is of no effect.  An objection 
        does not preclude an appointment of the appointee by the court.  
        The court may treat the filing of an objection as a petition for 
        the appointment of an emergency or a temporary guardian under 
        section 524.5-204, and proceed accordingly. 
           Sec. 20.  [524.5-204] [JUDICIAL APPOINTMENT OF GUARDIAN:  
        CONDITIONS FOR APPOINTMENT.] 
           (a) The court may appoint a guardian for a minor if the 
        court finds the appointment is in the minor's best interest, and:
           (i) both parents are deceased; or 
           (ii) all parental rights have been terminated by court 
        order.  
        If a guardian is appointed by a parent pursuant to section 
        524.5-202 and the appointment has not been prevented or 
        terminated under section 524.5-203, that appointee has priority 
        for appointment.  However, the court may proceed with another 
        appointment upon a finding that the appointee under section 
        524.5-202 has failed to accept the appointment within 30 days 
        after notice of the guardianship proceeding. 
           (b) If necessary and on petition or motion and whether or 
        not the conditions of paragraph (a) have been established, the 
        court may appoint a temporary guardian for a minor upon a 
        showing that an immediate need exists and that the appointment 
        would be in the best interest of the minor.  Notice must be 
        given to the parents and to a minor who has attained 14 years of 
        age.  Except as otherwise ordered by the court, the temporary 
        guardian has the authority of an unlimited guardian, but the 
        duration of the temporary guardianship may not exceed six 
        months.  Within five days after the appointment, the temporary 
        guardian shall send or deliver a copy of the order to all 
        individuals who would be entitled to notice of hearing under 
        section 524.5-205. 
           (c) If the court finds that following the procedures of 
        this article will likely result in substantial harm to a minor's 
        health or safety and that no other person appears to have 
        authority to act in the circumstances, the court, on appropriate 
        petition, may appoint an emergency guardian for the minor.  The 
        duration of the guardian's authority may not exceed 30 days and 
        the guardian may exercise only the powers specified in the 
        order.  Reasonable notice of the time and place of a hearing on 
        the petition for appointment of an emergency guardian must be 
        given to the minor, if the minor has attained 14 years of age, 
        to each living parent of the minor, and a person having care or 
        custody of the minor, if other than a parent.  The court may 
        dispense with the notice if it finds from affidavit or other 
        sworn testimony that the minor will be substantially harmed 
        before a hearing can be held on the petition.  If the guardian 
        is appointed without notice, notice of the appointment must be 
        given within 48 hours after the appointment and a hearing on the 
        appropriateness of the appointment held within five days after 
        the appointment. 
           Sec. 21.  [524.5-205] [JUDICIAL APPOINTMENT OF GUARDIAN:  
        PROCEDURE.] 
           (a) A person interested in the welfare of a minor may 
        petition for appointment of a guardian. 
           (b) After a petition is filed, the court shall set a date 
        for hearing, and the petitioner shall give notice of the time 
        and place for hearing the petition, together with a copy of the 
        petition, to: 
           (1) the minor, if the minor has attained 14 years of age 
        and is not the petitioner; 
           (2) any person alleged to have had the primary care and 
        custody of the minor during the 60 days before the filing of the 
        petition; 
           (3) each living parent of the minor or, if there is none, 
        the adult nearest in kinship that can be found; 
           (4) any person nominated as guardian by the minor if the 
        minor has attained 14 years of age; 
           (5) any appointee of a parent whose appointment has not 
        been prevented or terminated under section 524.5-203; and 
           (6) any guardian or conservator currently acting for the 
        minor in this state or elsewhere.  
           (c) The court, upon hearing, shall make the appointment if 
        it finds that a qualified person seeks appointment, venue is 
        proper, the required notices have been given, the conditions of 
        section 524.5-204, paragraph (a), have been met, and the best 
        interest of the minor will be served by the appointment.  In 
        other cases, the court may dismiss the proceeding or make any 
        other disposition of the matter that will serve the best 
        interest of the minor. 
           (d) If the court determines at any stage of the proceeding, 
        before or after appointment, that the interests of the minor are 
        or may be inadequately represented, it may appoint a lawyer to 
        represent the minor, giving consideration to the choice of the 
        minor if the minor has attained 14 years of age, provided that 
        such appointment shall expire upon the expiration of the appeal 
        time for the order appointing guardian or the order dismissing a 
        petition or upon such other time or event as the court may 
        direct. 
           (e) Within 14 days after an appointment, a guardian shall 
        send or deliver to the minor ward, and counsel if represented at 
        the hearing, a copy of the order of appointment accompanied by a 
        notice which advises the minor ward of the right to appeal the 
        guardianship appointment in the time and manner provided by the 
        rules of appellate procedure. 
           Sec. 22.  [524.5-206] [JUDICIAL APPOINTMENT OF GUARDIAN:  
        PRIORITY OF MINOR'S NOMINEE, LIMITED GUARDIANSHIP.] 
           (a) The court shall appoint as guardian a person whose 
        appointment will be in the best interest of the minor.  The 
        court shall appoint a person nominated by the minor, if the 
        minor has attained 14 years of age, unless the court finds the 
        appointment will be contrary to the best interest of the minor. 
           (b) In the interest of developing self-reliance of a ward 
        or for other good cause, the court, at the time of appointment 
        or later, on its own motion or on motion of the minor ward or 
        other interested person, may limit the powers of a guardian 
        otherwise granted by this article and thereby create a limited 
        guardianship.  Following the same procedure, additional powers 
        may be granted or existing powers may be withdrawn. 
           Sec. 23.  [524.5-207] [POWERS AND DUTIES OF GUARDIAN.] 
           Subdivision 1.  [GENERAL STATEMENT.] A guardian of a minor 
        has the powers and responsibilities of a parent who has not been 
        deprived of custody of the minor and unemancipated child, except 
        that a guardian is not legally obligated to provide from the 
        guardian's own funds for the ward. 
           Subd. 2.  [PARTICULAR DUTIES.] In particular, and without 
        qualifying subdivision 1, a guardian has the duties and powers 
        in this subdivision. 
           (a) The guardian must take reasonable care of the ward's 
        personal effects and commence protective proceedings if 
        necessary to protect other property of the ward. 
           (b) The guardian may receive money payable for the support 
        of the ward to the ward's parent, guardian, or custodian under 
        the terms of any statutory benefit or insurance system, or any 
        private contract, devise, trust, conservatorship, or 
        custodianship and also may receive money or property of the ward 
        paid or delivered by virtue of section 524.5-104.  Any sums 
        received must be applied to the ward's current needs for 
        support, care, and education. 
           The guardian must exercise due care to conserve any excess 
        for the ward's future needs unless a conservator has been 
        appointed for the estate of the ward, in which case the excess 
        must be paid at least annually to the conservator.  Money 
        received by the guardian under this paragraph must not be used 
        for compensation for the guardian's services except as approved 
        by court order or as determined by a duly appointed conservator 
        other than the guardian.  
           A guardian may institute proceedings to compel the 
        performance by any person of a duty to support the ward or to 
        pay sums for the welfare of the ward. 
           (c) The guardian is empowered to facilitate the ward's 
        education, social, or other activities and to authorize medical 
        or other professional care, treatment, or advice.  A ward who is 
        less than 16 years of age may be admitted to a treatment 
        facility as an informal patient according to section 253B.04 but 
        may not be committed to any state institution except pursuant to 
        chapter 253B.  No guardian may give consent for psychosurgery, 
        electroshock, sterilization, or experimental treatment of any 
        kind unless the procedure is first approved by the order of the 
        court, after a hearing as prescribed by section 524.5-313, 
        paragraph (c), clause (4).  A guardian is not liable by reason 
        of consent for injury to the ward resulting from the negligence 
        or acts of third persons unless it would have been illegal for a 
        parent to have consented, or unless the guardian fails to comply 
        with the requirements of this section which provide that a court 
        order is necessary for commitment and for certain types of 
        medical procedures.  A guardian may consent to the marriage or 
        adoption of the ward. 
           (d) A guardian must report the condition of the ward and of 
        the ward's estate which has been subject to the guardian's 
        possession or control, as ordered by the court on its own motion 
        or on petition of any interested person and as required by court 
        rule. 
           (e) If there is no acting conservator of the estate for the 
        ward, the guardian has the power to apply on behalf of the ward 
        for any assistance, services, or benefits available to the ward 
        through any unit of government. 
           Sec. 24.  [524.5-209] [RIGHTS AND IMMUNITIES OF GUARDIAN.] 
           (a) A guardian of a minor ward is entitled to reasonable 
        compensation for services as guardian and to reimbursement for 
        expenditures made on behalf of the ward, in a manner consistent 
        with section 524.5-502. 
           (b) A guardian of a minor ward is not liable to a third 
        person for acts of the ward solely by reason of the 
        relationship.  A guardian of a minor ward is not liable for 
        injury to the ward resulting from the negligence or act of a 
        third person providing medical or other care, treatment, or 
        service for the ward except to the extent that a parent would be 
        liable under the circumstances. 
           (c) A guardian of a minor ward may not initiate the 
        commitment of a ward to an institution except in accordance with 
        section 524.5-207. 
           Sec. 25.  [524.5-210] [TERMINATION OF GUARDIANSHIP; OTHER 
        PROCEEDINGS AFTER APPOINTMENT.] 
           (a) A guardianship of a minor terminates upon the minor's 
        death, adoption, emancipation, attainment of majority, or as 
        ordered by the court. 
           (b) A ward or an interested person may petition for any 
        order that is in the best interest of the ward.  The petitioner 
        shall give notice of the hearing on the petition to interested 
        persons pursuant to section 524.5-113 and to any other person as 
        ordered by the court, except notice is not required for the ward 
        if the ward has not attained 14 years of age and is not the 
        petitioner. 
           Sec. 26.  [524.5-211] [DELEGATION OF POWER BY PARENT OR 
        GUARDIAN.] 
           (a) A parent, legal custodian, or guardian of a minor or 
        incapacitated person, by a properly executed power of attorney, 
        may delegate to another person, for a period not exceeding one 
        year, any powers regarding care, custody, or property of the 
        minor or ward, except the power to consent to marriage or 
        adoption of a minor ward. 
           (b) A parent who executes a delegation of powers under this 
        section must mail or give a copy of the document to any other 
        parent within 30 days of its execution unless: 
           (1) the other parent does not have parenting time or has 
        supervised parenting time; or 
           (2) there is an existing order for protection under chapter 
        518B or a similar law of another state in effect against the 
        other parent to protect the parent, legal custodian, or guardian 
        executing the delegation of powers or the child. 
           (c) A parent, legal custodian, or guardian of a minor child 
        may also delegate those powers by designating a standby or 
        temporary custodian under chapter 257B. 
                                     PART 3
                        GUARDIAN OF INCAPACITATED PERSON
           Sec. 27.  [524.5-301] [APPOINTMENT AND STATUS OF GUARDIAN.] 
           A person becomes a guardian of an incapacitated person by a 
        parental or spousal appointment or upon appointment by the 
        court.  The guardianship continues until terminated, without 
        regard to the location of the guardian or ward. 
           Sec. 28.  [524.5-302] [APPOINTMENT OF GUARDIAN BY WILL OR 
        OTHER WRITING.] 
           (a) A parent, by will or other signed writing executed in 
        the same manner as a health care directive pursuant to chapter 
        145C, may appoint a guardian for an unmarried child who the 
        parent believes is an incapacitated person, may specify the 
        desired limitations on the powers to be given to the guardian, 
        and may revoke or amend the appointment prior to court 
        confirmation. 
           (b) An individual by will or other signed writing executed 
        in the same manner as a health care directive pursuant to 
        chapter 145C may appoint a guardian for his or her spouse who 
        the appointing spouse believes is an incapacitated person, may 
        specify the desired limitations on the powers to be given to the 
        guardian, and may revoke or amend the appointment prior to court 
        confirmation. 
           (c) Subject to the right of the incapacitated person, the 
        person having custody or care of the incapacitated person if 
        other than the appointing parent or spouse or the adult nearest 
        in kinship to the incapacitated person to object, the guardian's 
        appointment becomes effective upon the death of the appointing 
        parent or spouse, the adjudication of incapacity of the 
        appointing parent or spouse, or a written determination by a 
        physician who has examined the appointing parent or spouse that 
        the appointing parent or spouse is no longer able to care for 
        the incapacitated person, whichever occurs first. 
           (d) Upon petition of the appointing parent or spouse, and a 
        finding that the appointing parent or spouse will likely become 
        unable to care for the incapacitated person within two years or 
        less, and after notice as provided in this section, the court, 
        before the appointment becomes effective, may confirm the 
        appointing parent's or spouse's selection of a guardian and 
        terminate the rights of others to object. 
           (e) The guardian becomes eligible to act upon the filing of 
        an acceptance of appointment, which must be filed within 30 days 
        following the effective date of the guardian's appointment.  The 
        guardian shall: 
           (1) file the notice of acceptance of appointment and a copy 
        of the will with the court of the county in which the will was 
        or could be probated or, in the case of another appointing 
        instrument, file the acceptance of appointment and the 
        appointing instrument with the court in the county in which the 
        incapacitated person resides or is present; and 
           (2) give written notice of the acceptance of appointment to 
        the appointing parent or spouse if living, the incapacitated 
        person, a person having custody or care of the incapacitated 
        person other than the appointing parent or spouse, and the adult 
        nearest in kinship. 
           (f) Unless the appointment was previously confirmed by the 
        court, the notice given under paragraph (e), clause (2), must 
        include a statement of the right of those notified to terminate 
        the appointment by filing a written objection as provided in 
        this section. 
           (g) An appointment effected by filing the guardian's 
        acceptance under a will probated in the state of the testator's 
        domicile is effective in this state. 
           (h) The filing of a written objection to an appointment by 
        the alleged incapacitated person or another interested person in 
        the court in which the guardian's written acceptance was filed 
        terminates the appointment.  An objection may be withdrawn and, 
        if withdrawn, is of no effect.  An objection does not preclude 
        the court from appointing the parental or spousal appointee as 
        guardian.  The court may treat the filing of an objection as a 
        petition for the appointment of an emergency guardian under 
        section 524.5-311 or for the appointment of a limited or 
        unlimited guardian under section 524.5-303 and proceed 
        accordingly. 
           (i) Unless the appointment was previously confirmed by the 
        court, within 30 days after filing the notice and the appointing 
        instrument, a guardian appointed under this section shall file a 
        petition in the court for confirmation of the appointment, 
        giving notice in the manner provided in section 524.5-308, and, 
        if necessary, for an appointment as conservator. 
           (j) The authority of a guardian appointed under this 
        section terminates upon the first to occur of the appointment of 
        a guardian by the court or the giving of written notice to the 
        guardian of the filing of an objection pursuant to paragraph (h).
           (k) The appointment of a guardian under this section is not 
        a determination of incapacity. 
           (l) The powers of a guardian who timely complies with the 
        requirements of paragraphs (e) and (f) relate back to give acts 
        by the guardian which are of benefit to the incapacitated person 
        and occurred on or after the date the appointment became 
        effective the same effect as those that occurred after the 
        filing of the acceptance of appointment. 
           Sec. 29.  [524.5-303] [JUDICIAL APPOINTMENT OF GUARDIAN:  
        PETITION.] 
           (a) An individual or a person interested in the 
        individual's welfare may petition for a determination of 
        incapacity, in whole or in part, and for the appointment of a 
        limited or unlimited guardian for the individual. 
           (b) The petition must set forth the petitioner's name, 
        residence, current address if different, relationship to the 
        respondent, and interest in the appointment and, to the extent 
        known, state or contain the following with respect to the 
        respondent and the relief requested: 
           (1) the respondent's name, age, principal residence, 
        current street address, and, if different, the address of the 
        dwelling in which it is proposed that the respondent will reside 
        if the appointment is made; 
           (2) the name and address of the respondent's: 
           (i) spouse, or if the respondent has none, an adult with 
        whom the respondent has resided for more than six months before 
        the filing of the petition; and 
           (ii) adult children or, if the respondent has none, the 
        respondent's parents and adult brothers and sisters, or if the 
        respondent has none, at least one of the adults nearest in 
        kinship to the respondent who can be found; 
           (3) the name of the administrative head and address of the 
        institution where the respondent is a patient, resident, or 
        client of any hospital, nursing home, home care agency, or other 
        institution; 
           (4) the name and address of any legal representative for 
        the respondent; 
           (5) the name and address of any person nominated as 
        guardian by the respondent; 
           (6) the name and address of any proposed guardian and the 
        reason why the proposed guardian should be selected; 
           (7) the name and address of any health care agent or proxy 
        appointed pursuant to a health care directive as defined in 
        section 145C.01, a living will under chapter 145B, or other 
        similar document executed in another state and enforceable under 
        the laws of this state; 
           (8) the reason why guardianship is necessary, including a 
        brief description of the nature and extent of the respondent's 
        alleged incapacity; 
           (9) if an unlimited guardianship is requested, the reason 
        why limited guardianship is inappropriate and, if a limited 
        guardianship is requested, the powers to be granted to the 
        limited guardian; and 
           (10) a general statement of the respondent's property with 
        an estimate of its value, including any insurance or pension, 
        and the source and amount of any other anticipated income or 
        receipts. 
           Sec. 30.  [524.5-304] [JUDICIAL APPOINTMENT OF GUARDIAN:  
        PRELIMINARIES TO HEARING.] 
           (a) Upon receipt of a petition to establish a guardianship, 
        the court shall set a date and time for hearing the petition and 
        appoint a visitor.  The duties and reporting requirements of the 
        visitor are limited to the relief requested in the petition.  
        The visitor must be an individual having training or experience 
        in the type of incapacity alleged. 
           (b) A proposed ward has the right to be represented by 
        counsel at any proceeding under this article.  The court shall 
        appoint counsel to represent the proposed ward for the initial 
        proceeding held pursuant to section 524.5-307 if neither the 
        proposed ward nor others provide counsel unless in a meeting 
        with a visitor the proposed ward specifically waives the right 
        to counsel.  Counsel must be appointed immediately after any 
        petition under this article is served under section 524.5-308.  
        Counsel has the full right of subpoena.  In all proceedings 
        under this article, counsel shall: 
           (1) consult with the proposed ward before any hearing; 
           (2) be given adequate time to prepare for all hearings; and 
           (3) continue to represent the person throughout any 
        proceedings under section 524.5-307, provided that such 
        appointment shall expire upon the expiration of the appeal time 
        for the order appointing guardian or the order dismissing a 
        petition, or upon such other time or event as the court may 
        direct. 
           The court need not appoint counsel to represent the 
        proposed ward on a voluntary petition, and the court may remove 
        a court-appointed attorney at any time if the court finds that 
        the proposed ward has made a knowing and intelligent waiver of 
        the right to counsel or has obtained private counsel. 
           (c) The visitor shall personally serve the notice and 
        petition upon the respondent and shall offer to read the notice 
        and petition to the respondent, and if so requested the visitor 
        shall read the notice and petition to such person.  The visitor 
        shall also interview the respondent in person, and to the extent 
        that the respondent is able to understand: 
           (1) explain to the respondent the substance of the 
        petition; the nature, purpose, and effect of the proceeding; the 
        respondent's rights at the hearing; and the general powers and 
        duties of a guardian; 
           (2) determine the respondent's views about the proposed 
        guardian, the proposed guardian's powers and duties, and the 
        scope and duration of the proposed guardianship; 
           (3) inform the respondent of the right to employ and 
        consult with a lawyer at the respondent's own expense and the 
        right to request a court-appointed lawyer; and 
           (4) inform the respondent that all costs and expenses of 
        the proceeding, including respondent's attorneys fees, will be 
        paid from the respondent's estate. 
           (d) In addition to the duties in paragraph (c), the visitor 
        shall make any other investigation the court directs. 
           (e) The visitor shall promptly file a report in writing 
        with the court, which must include: 
           (1) recommendations regarding the appropriateness of 
        guardianship, including whether less restrictive means of 
        intervention are available, the type of guardianship, and, if a 
        limited guardianship, the powers to be granted to the limited 
        guardian; 
           (2) a statement as to whether the respondent approves or 
        disapproves of the proposed guardian, and the powers and duties 
        proposed or the scope of the guardianship; and 
           (3) any other matters the court directs. 
           (f) The county social service agency may create a screening 
        committee to review a petition involving an indigent person.  
        The screening committee must consist of individuals selected by 
        the agency with knowledge of alternatives that are less 
        restrictive than guardianship.  If the agency has created a 
        screening committee, the court shall make its decision after the 
        screening committee has reviewed the petition.  For an indigent 
        person, the court may appoint a guardian under contract with the 
        county to provide these services. 
           Sec. 31.  [524.5-307] [JUDICIAL APPOINTMENT OF GUARDIAN; 
        PRESENCE AND RIGHTS AT HEARING.] 
           (a) Unless excused by the court for good cause, the 
        petitioner and the proposed guardian shall attend the hearing.  
        The respondent shall attend and participate in the hearing, 
        unless excused by the court for good cause.  The petitioner and 
        respondent may present evidence and subpoena witnesses and 
        documents; examine witnesses, including the visitor; and 
        otherwise participate in the hearing.  The hearing may be held 
        in a location convenient to the respondent and may be closed 
        upon the request of the respondent and a showing of good cause. 
           (b) Any person may request permission to participate in the 
        proceeding.  The court may grant the request, with or without 
        hearing, upon a showing of good cause and after determining that 
        the best interest of the respondent will be served.  The court 
        may attach appropriate conditions to the participation. 
           Sec. 32.  [524.5-308] [NOTICE.] 
           (a) A copy of the petition and notice of the hearing on a 
        petition for guardianship must be served personally on the 
        respondent pursuant to section 524.5-304, paragraph (c).  The 
        notice must include a statement that the respondent must be 
        physically present unless excused by the court; inform the 
        respondent of the respondent's rights at the hearing; and 
        include a description of the nature, purpose, and consequences 
        of an appointment.  A failure to serve the respondent with a 
        notice substantially complying with this paragraph precludes the 
        court from granting the petition. 
           (b) In a proceeding to establish a guardianship, notice of 
        the hearing shall also be given to the persons listed in the 
        petition.  Failure to give notice under this paragraph does not 
        preclude the appointment of a guardian or the making of a 
        protective order. 
           (c) Notice of the hearing on a petition for an order after 
        appointment of a guardian shall be given to interested persons 
        pursuant to section 524.5-113 and to any other person as ordered 
        by the court, except notice to the ward is not required if the 
        ward has not attained 14 years of age and is not the petitioner. 
           (d) The guardian shall give notice of the filing of the 
        guardian's report, together with a copy of the report, to the 
        ward and any other person the court directs.  The notice must be 
        sent or delivered within 14 days after the filing of the report. 
           Sec. 33.  [524.5-309] [WHO MAY BE GUARDIAN:  PRIORITIES.] 
           (a) Subject to paragraph (c), the court in appointing a 
        guardian shall consider persons otherwise qualified in the 
        following order of priority: 
           (1) a guardian, other than a temporary or emergency 
        guardian, currently acting for the respondent in this state or 
        elsewhere; 
           (2) an agent appointed by the respondent under a health 
        care directive pursuant to chapter 145C; 
           (3) the spouse of the respondent or a person nominated by 
        will or other signed writing executed in the same manner as a 
        health care directive pursuant to chapter 145C of a deceased 
        spouse; 
           (4) an adult child of the respondent; 
           (5) a parent of the respondent, or an individual nominated 
        by will or other signed writing executed in the same manner as a 
        health care directive pursuant to chapter 145C of a deceased 
        parent; and 
           (6) an adult with whom the respondent has resided for more 
        than six months before the filing of the petition. 
           (b) The court, acting in the best interest of the 
        respondent, may decline to appoint a person having priority and 
        appoint a person having a lower priority or no priority.  With 
        respect to persons having equal priority, the court shall select 
        the one it considers best qualified. 
           (c) Any individual or agency which provides residence, 
        custodial care, medical care, employment training or other care 
        or services for which they receive a fee may not be appointed as 
        guardian unless related to the respondent by blood, marriage, or 
        adoption. 
           Sec. 34.  [524.5-310] [FINDINGS; ORDER OF APPOINTMENT.] 
           (a) The court may appoint a limited or unlimited guardian 
        for a respondent only if it finds by clear and convincing 
        evidence that: 
           (1) the respondent is an incapacitated person; and 
           (2) the respondent's identified needs cannot be met by less 
        restrictive means, including use of appropriate technological 
        assistance. 
           (b) Alternatively, the court, with appropriate findings, 
        may treat the petition as one for a protective order under 
        section 524.5-401, enter any other appropriate order, or dismiss 
        the proceeding. 
           (c) The court shall grant to a guardian only those powers 
        necessitated by the ward's limitations and demonstrated needs 
        and, whenever feasible, make appointive and other orders that 
        will encourage the development of the ward's maximum 
        self-reliance and independence.  Any power not specifically 
        granted to the guardian, following a written finding by the 
        court of a demonstrated need for that power, is retained by the 
        ward.  
           (d) Within 14 days after an appointment, a guardian shall 
        send or deliver to the ward, and counsel if represented at the 
        hearing, a copy of the order of appointment accompanied by a 
        notice which advises the ward of the right to appeal the 
        guardianship appointment in the time and manner provided by the 
        Rules of Appellate Procedure. 
           (e) Each year, within 30 days after the anniversary date of 
        an appointment, a guardian shall send or deliver to the ward a 
        notice of the right to request termination or modification of 
        the guardianship. 
           Sec. 35.  [524.5-311] [EMERGENCY GUARDIAN.] 
           (a) If the court finds that compliance with the procedures 
        of this article will likely result in substantial harm to the 
        respondent's health, safety, or welfare, and that no other 
        person appears to have authority and willingness to act in the 
        circumstances, the court, on petition by a person interested in 
        the respondent's welfare, may appoint an emergency guardian 
        whose authority may not exceed 60 days and who may exercise only 
        the powers specified in the order.  A county that is acting 
        under section 626.557, subdivision 10, by petitioning for 
        appointment of an emergency guardian on behalf of a vulnerable 
        adult may be granted authority to act for a period not to exceed 
        90 days.  Immediately upon receipt of the petition for an 
        emergency guardianship, the court shall appoint a lawyer to 
        represent the respondent in the proceeding.  Except as otherwise 
        provided in paragraph (b), reasonable notice of the time and 
        place of a hearing on the petition must be given to the 
        respondent and any other persons as the court directs. 
           (b) An emergency guardian may be appointed without notice 
        to the respondent and the respondent's lawyer only if the court 
        finds from affidavit or other sworn testimony that the 
        respondent will be substantially harmed before a hearing on the 
        appointment can be held.  If the court appoints an emergency 
        guardian without notice to the respondent, the respondent must 
        be given notice of the appointment within 48 hours after the 
        appointment.  The court shall hold a hearing on the 
        appropriateness of the appointment within five days after the 
        appointment. 
           (c) Appointment of an emergency guardian, with or without 
        notice, is not a determination of the respondent's incapacity. 
           (d) The court may remove an emergency guardian at any 
        time.  An emergency guardian shall make any report the court 
        requires.  In other respects, the provisions of this article 
        concerning guardians apply to an emergency guardian. 
           Sec. 36.  [524.5-312] [TEMPORARY SUBSTITUTE GUARDIAN.] 
           (a) If the court finds that a guardian is not effectively 
        performing the guardian's duties and that the welfare of the 
        ward requires immediate action, it may appoint a temporary 
        substitute guardian for the ward for a specified period not 
        exceeding six months.  Except as otherwise ordered by the court, 
        a temporary substitute guardian so appointed has the powers set 
        forth in the previous order of appointment.  The authority of 
        any unlimited or limited guardian previously appointed by the 
        court is suspended as long as a temporary substitute guardian 
        has authority.  If an appointment is made without previous 
        notice to the ward or the affected guardian, within five days 
        after the appointment, the court shall inform the ward or 
        guardian of the appointment. 
           (b) The court may remove a temporary substitute guardian at 
        any time.  A temporary substitute guardian shall make any report 
        the court requires.  In other respects, the provisions of this 
        article concerning guardians apply to a temporary substitute 
        guardian. 
           Sec. 37.  [524.5-313] [POWERS AND DUTIES OF GUARDIAN.] 
           (a) A guardian shall be subject to the control and 
        direction of the court at all times and in all things. 
           (b) The court shall grant to a guardian only those powers 
        necessary to provide for the demonstrated needs of the ward. 
           (c) The court may appoint a guardian if it determines that 
        all the powers and duties listed in this section are needed to 
        provide for the needs of the incapacitated person.  The court 
        may also appoint a guardian if it determines that a guardian is 
        needed to provide for the needs of the incapacitated person 
        through the exercise of some, but not all, of the powers and 
        duties listed in this section.  The duties and powers of a 
        guardian or those which the court may grant to a guardian 
        include, but are not limited to: 
           (1) the power to have custody of the ward and the power to 
        establish a place of abode within or outside the state, except 
        as otherwise provided in this clause.  The ward or any 
        interested person may petition the court to prevent or to 
        initiate a change in abode.  A ward may not be admitted to a 
        regional treatment center by the guardian except: 
           (i) after a hearing under chapter 253B; 
           (ii) for outpatient services; or 
           (iii) for the purpose of receiving temporary care for a 
        specific period of time not to exceed 90 days in any calendar 
        year; 
           (2) the duty to provide for the ward's care, comfort, and 
        maintenance needs, including food, clothing, shelter, health 
        care, social and recreational requirements, and, whenever 
        appropriate, training, education, and habilitation or 
        rehabilitation.  The guardian has no duty to pay for these 
        requirements out of personal funds.  Whenever possible and 
        appropriate, the guardian should meet these requirements through 
        governmental benefits or services to which the ward is entitled, 
        rather than from the ward's estate.  Failure to satisfy the 
        needs and requirements of this clause shall be grounds for 
        removal of a private guardian, but the guardian shall have no 
        personal or monetary liability; 
           (3) the duty to take reasonable care of the ward's 
        clothing, furniture, vehicles, and other personal effects, and, 
        if other property requires protection, the power to seek 
        appointment of a conservator of the estate.  The guardian must 
        give notice by mail to interested persons prior to the 
        disposition of the ward's clothing, furniture, vehicles, or 
        other personal effects.  The notice must inform the person of 
        the right to object to the disposition of the property within 
        ten days of the date of mailing and to petition the court for a 
        review of the guardian's proposed actions.  Notice of the 
        objection must be served by mail or personal service on the 
        guardian and the ward unless the ward is the objector.  The 
        guardian served with notice of an objection to the disposition 
        of the property may not dispose of the property unless the court 
        approves the disposition after a hearing; 
           (4)(i) The power to give any necessary consent to enable 
        the ward to receive necessary medical or other professional 
        care, counsel, treatment, or service, except that no guardian 
        may give consent for psychosurgery, electroshock, sterilization, 
        or experimental treatment of any kind unless the procedure is 
        first approved by order of the court as provided in this clause. 
        The guardian shall not consent to any medical care for the ward 
        which violates the known conscientious, religious, or moral 
        belief of the ward. 
           (ii) a guardian who believes a procedure described in item 
        (i) requiring prior court approval to be necessary for the 
        proper care of the ward, shall petition the court for an order 
        and, in the case of a public guardianship under chapter 252A, 
        obtain the written recommendation of the commissioner of human 
        services.  The court shall fix the time and place for the 
        hearing and shall give notice to the ward in such manner as 
        specified in section 524.5-308 and to interested persons.  The 
        court shall appoint an attorney to represent the ward who is not 
        represented by counsel, provided that such appointment shall 
        expire upon the expiration of the appeal time for the order 
        issued by the court under this section or the order dismissing a 
        petition, or upon such other time or event as the court may 
        direct.  In every case the court shall determine if the 
        procedure is in the best interest of the ward.  In making its 
        determination, the court shall consider a written medical report 
        which specifically considers the medical risks of the procedure, 
        whether alternative, less restrictive methods of treatment could 
        be used to protect the best interest of the ward, and any 
        recommendation of the commissioner of human services for a 
        public ward.  The standard of proof is that of clear and 
        convincing evidence. 
           (iii) In the case of a petition for sterilization of a 
        mentally retarded ward, the court shall appoint a licensed 
        physician, a psychologist who is qualified in the diagnosis and 
        treatment of mental retardation, and a social worker who is 
        familiar with the ward's social history and adjustment or the 
        case manager for the ward to examine or evaluate the ward and to 
        provide written reports to the court.  The reports shall 
        indicate why sterilization is being proposed, whether 
        sterilization is necessary and is the least intrusive method for 
        alleviating the problem presented, and whether it is in the best 
        interest of the ward.  The medical report shall specifically 
        consider the medical risks of sterilization, the consequences of 
        not performing the sterilization, and whether alternative 
        methods of contraception could be used to protect the best 
        interest of the ward. 
           (iv) Any ward whose right to consent to a sterilization has 
        not been restricted under this section or section 252A.101 may 
        be sterilized only if the ward consents in writing or there is a 
        sworn acknowledgment by an interested person of a nonwritten 
        consent by the ward.  The consent must certify that the ward has 
        received a full explanation from a physician or registered nurse 
        of the nature and irreversible consequences of the sterilization.
           (v) A guardian or the public guardian's designee who acts 
        within the scope of authority conferred by letters of 
        guardianship under section 252A.101, subdivision 7, and 
        according to the standards established in this chapter or in 
        chapter 252A shall not be civilly or criminally liable for the 
        provision of any necessary medical care, including, but not 
        limited to, the administration of psychotropic medication or the 
        implementation of aversive and deprivation procedures to which 
        the guardian or the public guardian's designee has consented. 
           (5) In the event there is no duly appointed conservator of 
        the ward's estate, the guardian shall have the power to approve 
        or withhold approval of any contract, except for necessities, 
        which the ward may make or wish to make. 
           (6) The duty and power to exercise supervisory authority 
        over the ward in a manner which limits civil rights and 
        restricts personal freedom only to the extent necessary to 
        provide needed care and services. 
           (7) If there is no acting conservator of the estate for the 
        ward, the guardian has the power to apply on behalf of the ward 
        for any assistance, services, or benefits available to the ward 
        through any unit of government. 
           (8) Unless otherwise ordered by the court, the ward retains 
        the right to vote. 
           Sec. 38.  [524.5-315] [RIGHTS AND IMMUNITIES OF GUARDIAN; 
        LIMITATIONS.] 
           (a) A guardian is entitled to reasonable compensation for 
        services as guardian and to reimbursement for expenditures made 
        on behalf of the ward, in a manner consistent with section 
        524.5-502. 
           (b) A guardian is not liable to a third person for acts of 
        the ward solely by reason of the relationship.  A guardian who 
        exercises reasonable care in choosing a third person providing 
        medical or other care, treatment, or service for the ward is not 
        liable for injury to the ward resulting from the wrongful 
        conduct of the third person. 
           (c) A guardian, without authorization of the court, may 
        revoke the appointment of an agent of a health care directive of 
        which the ward is the principal, but the guardian may not, 
        absent a court order, revoke the health care directive itself.  
        If a health care directive is in effect, absent an order of the 
        court to the contrary, a health care decision of the guardian 
        takes precedence over that of an agent. 
           (d) A guardian may not initiate the commitment of a ward to 
        an institution except in accordance with section 524.5-313. 
           Sec. 39.  [524.5-316] [REPORTS; MONITORING OF 
        GUARDIANSHIP.] 
           (a) A guardian shall report to the court in writing on the 
        condition of the ward at least annually and whenever ordered by 
        the court.  A report must state or contain: 
           (1) the current mental, physical, and social condition of 
        the ward; 
           (2) the living arrangements for all addresses of the ward 
        during the reporting period; 
           (3) the medical, educational, vocational, and other 
        services provided to the ward and the guardian's opinion as to 
        the adequacy of the ward's care; and 
           (4) a recommendation as to the need for continued 
        guardianship and any recommended changes in the scope of the 
        guardianship. 
           (b) The court may appoint a visitor to review a report, 
        interview the ward or guardian, and make any other investigation 
        the court directs. 
           (c) The court shall establish a system for monitoring 
        guardianships, including the filing and review of annual reports.
           Sec. 40.  [524.5-317] [TERMINATION OR MODIFICATION OF 
        GUARDIANSHIP.] 
           (a) A guardianship terminates upon the death of the ward or 
        upon order of the court. 
           (b) On petition of any person interested in the ward's 
        welfare the court may terminate a guardianship if the ward no 
        longer needs the assistance or protection of a guardian.  The 
        court may modify the type of appointment or powers granted to 
        the guardian if the extent of protection or assistance 
        previously granted is currently excessive or insufficient or the 
        ward's capacity to provide for support, care, education, health, 
        and welfare has so changed as to warrant that action. 
           (c) Except as otherwise ordered by the court for good 
        cause, the court, before terminating a guardianship, shall 
        follow the same procedures to safeguard the rights of the ward 
        as apply to a petition for guardianship.  Upon presentation by 
        the petitioner of evidence establishing a prima facie case for 
        termination, the court shall order the termination and discharge 
        the guardian unless it is proven that continuation of the 
        guardianship is in the best interest of the ward. 
                                     PART 4
                   PROTECTION OF PROPERTY OF PROTECTED PERSON
           Sec. 41.  [524.5-401] [PROTECTIVE PROCEEDING.] 
           Upon petition and after notice and hearing, the court may 
        appoint a limited or unlimited conservator or make any other 
        protective order provided in this part in relation to the estate 
        and affairs of: 
           (1) a minor, if the court determines that the minor owns 
        money or property requiring management or protection that cannot 
        otherwise be provided or has or may have business affairs that 
        may be jeopardized or prevented because of the minor's age, or 
        that money is needed for support and education and that 
        protection is necessary or desirable to obtain or provide money; 
        and 
           (2) any individual, including a minor, if the court 
        determines that, for reasons other than age: 
           (i) by clear and convincing evidence, the individual is 
        unable to manage property and business affairs because of an 
        impairment in the ability to receive and evaluate information or 
        make decisions, even with the use of appropriate technological 
        assistance, or because the individual is missing, detained, or 
        unable to return to the United States; and 
           (ii) by a preponderance of evidence, the individual has 
        property that will be wasted or dissipated unless management is 
        provided or money is needed for the support, care, education, 
        health, and welfare of the individual or of individuals who are 
        entitled to the individual's support and that protection is 
        necessary or desirable to obtain or provide money. 
           Sec. 42.  [524.5-402] [JURISDICTION OVER BUSINESS AFFAIRS 
        OF PROTECTED PERSON.] 
           After the service of notice in a proceeding seeking a 
        conservatorship or other protective order and until termination 
        of the proceeding, the court in which the petition is filed has: 
           (1) exclusive jurisdiction to determine the need for a 
        conservatorship or other protective order; 
           (2) exclusive jurisdiction to determine how the estate of 
        the protected person which is subject to the laws of this state 
        must be managed, expended, or distributed to or for the use of 
        the protected person, individuals who are in fact dependent upon 
        the protected person, or other claimants; and 
           (3) concurrent jurisdiction to determine the validity of 
        claims against the person or estate of the protected person and 
        questions of title concerning assets of the estate. 
           Sec. 43.  [524.5-403] [ORIGINAL PETITION FOR APPOINTMENT OR 
        PROTECTIVE ORDER.] 
           (a) The following may petition for the appointment of a 
        conservator or for any other appropriate protective order: 
           (1) the person to be protected; 
           (2) an individual interested in the estate, affairs, or 
        welfare of the person to be protected, or 
           (3) a person who would be adversely affected by lack of 
        effective management of the property and business affairs of the 
        person to be protected. 
           (b) The petition must set forth the petitioner's name, 
        residence, current address if different, relationship to the 
        respondent, and interest in the appointment or other protective 
        order, and, to the extent known, state or contain the following 
        with respect to the respondent and the relief requested: 
           (1) the respondent's name, age, principal residence, 
        current street address, and, if different, the address of the 
        dwelling where it is proposed that the respondent will reside if 
        the appointment is made; 
           (2) if the petition alleges impairment in the respondent's 
        ability to receive and evaluate information, a brief description 
        of the nature and extent of the respondent's alleged impairment; 
           (3) if the petition alleges that the respondent is missing, 
        detained, or unable to return to the United States, a statement 
        of the relevant circumstances, including the time and nature of 
        the disappearance or detention and a description of any search 
        or inquiry concerning the respondent's whereabouts; 
           (4) the name and address of the respondent's: 
           (i) spouse, or if the respondent has none, an adult with 
        whom the respondent has resided for more than six months before 
        the filing of the petition; and 
           (ii) adult children or, if the respondent has none, the 
        respondent's parents and adult brothers and sisters or, if the 
        respondent has none, at least one of the adults nearest in 
        kinship to the respondent who can be found; 
           (5) the name of the administrative head and address of the 
        institution where the respondent is a patient, resident, or 
        client of any hospital, nursing home, home care agency, or other 
        institution; 
           (6) the name and address of any legal representative for 
        the respondent; 
           (7) the name and address of any health care agent or proxy 
        appointed pursuant to a health care directive as defined in 
        section 145C.01, a living will under chapter 145B, or other 
        similar document executed in another state and enforceable under 
        the laws of this state; 
           (8) a general statement of the respondent's property with 
        an estimate of its value, including any insurance or pension, 
        and the source and amount of other anticipated income or 
        receipts; and 
           (9) the reason why a conservatorship or other protective 
        order is in the best interest of the respondent. 
           (c) If a conservatorship is requested, the petition must 
        also set forth to the extent known: 
           (1) the name and address of any proposed conservator and 
        the reason why the proposed conservator should be selected; 
           (2) the name and address of any person nominated as 
        conservator by the respondent if the respondent has attained 14 
        years of age; and 
           (3) the type of conservatorship requested and, if an 
        unlimited conservatorship, the reason why limited 
        conservatorship is inappropriate or, if a limited 
        conservatorship, the property to be placed under the 
        conservator's control and any limitation on the conservator's 
        powers and duties. 
           Sec. 44. [524.5-404] [NOTICE.] 
           (a) A copy of the petition and the notice of hearing on a 
        petition for conservatorship or other protective order must be 
        served personally on the respondent pursuant to section 
        524.5-406, paragraph (c), but if the respondent's location is 
        unknown or personal service cannot be made, service on the 
        respondent must be made by substituted service or publication.  
        The notice must include a statement that the respondent must be 
        physically present unless excused by the court, inform the 
        respondent of the respondent's rights at the hearing, and, if 
        the appointment of a conservator is requested, include a 
        description of the nature, purpose, and consequences of an 
        appointment.  A failure to serve the respondent with a notice 
        substantially complying with this paragraph precludes the court 
        from granting the petition. 
           (b) In a proceeding to establish a conservatorship or for 
        another protective order, notice of the hearing shall also be 
        given to the persons listed in the petition.  Failure to give 
        notice under this paragraph does not preclude the appointment of 
        a conservator or the making of another protective order. 
           (c) Notice of the hearing on a petition for an order after 
        appointment of a conservator or making of another protective 
        order, shall be given to interested persons pursuant to section 
        524.5-113 and to any other person as ordered by the court, 
        except notice to the protected person is not required if the 
        protected person has not attained 14 years of age and is not 
        missing, detained, or unable to return to the United States. 
           (d) The conservator shall give notice of the filing of the 
        conservator's inventory, together with a copy of the inventory, 
        to the protected person and any other person the court directs.  
        The notice must be sent or delivered within 14 days after the 
        filing of the inventory. 
           Sec. 45.  [524.5-405] [ORIGINAL PETITION:  MINORS; 
        PRELIMINARIES TO HEARING.] 
           (a) Upon the filing of a petition to establish a 
        conservatorship or for another protective order for the reason 
        that the respondent is a minor, the court shall set a date for 
        hearing.  If the court determines at any stage of the proceeding 
        that the interests of the minor are or may be inadequately 
        represented, it may appoint a lawyer to represent the minor, 
        giving consideration to the choice of the minor if the minor has 
        attained 14 years of age. 
           (b) While a petition to establish a conservatorship or for 
        another protective order is pending, after preliminary hearing 
        and without notice to others, the court may make orders to 
        preserve and apply the property of the minor as may be required 
        for the support of the minor or individuals who are in fact 
        dependent upon the minor, and may appoint an agent to assist in 
        that task. 
           Sec. 46.  [524.5-406] [ORIGINAL PETITION:  PERSONS UNDER 
        DISABILITY; PRELIMINARIES TO HEARING.] 
           (a) Upon the filing of a petition for a conservatorship or 
        other protective order for a respondent for reasons other than 
        being a minor, the court shall set a date for hearing.  The 
        court shall appoint a visitor.  The duties and reporting 
        requirements of the visitor are limited to the relief requested 
        in the petition.  The visitor must be an individual having 
        training or experience in the type of incapacity alleged. 
           (b) A respondent has the right to be represented by counsel 
        at any proceeding under this article.  The court shall appoint 
        counsel to represent the respondent for the initial proceeding 
        held pursuant to section 524.5-408 if neither the respondent nor 
        others provide counsel, unless in a meeting with a visitor, the 
        proposed respondent specifically waives the right to counsel.  
        Counsel must be appointed immediately after any petition under 
        this part is served pursuant to section 524.5-404.  Counsel has 
        the full right of subpoena.  In all proceedings under this part, 
        counsel shall: 
           (1) consult with the respondent before any hearing; 
           (2) be given adequate time to prepare for all hearings; and 
           (3) continue to represent the respondent throughout any 
        proceedings under section 524.5-408, provided that such 
        appointment shall expire upon the expiration of the appeal time 
        for the order appointing conservator or the order dismissing a 
        petition, or upon such other time or event as the court may 
        direct. 
           The court need not appoint counsel to represent the 
        respondent on a voluntary petition, and the court may remove a 
        court-appointed attorney at any time if the court finds that the 
        respondent has made a knowing and intelligent waiver of the 
        right to counsel or has obtained private counsel. 
           (c) The visitor shall personally serve the notice and 
        petition upon the respondent and shall offer to read the notice 
        and petition to the respondent, and if so requested, the visitor 
        shall read the notice and petition to such person.  The visitor 
        shall also interview the respondent in person, and to the extent 
        that the respondent is able to understand: 
           (1) explain to the respondent the substance of the petition 
        and the nature, purpose, and effect of the proceeding; 
           (2) if the appointment of a conservator is requested, 
        inform the respondent of the general powers and duties of a 
        conservator and determine the respondent's views regarding the 
        proposed conservator, the proposed conservator's powers and 
        duties, and the scope and duration of the proposed 
        conservatorship; 
           (3) inform the respondent of the respondent's rights, 
        including the right to employ and consult with a lawyer at the 
        respondent's own expense, and the right to request a 
        court-appointed lawyer; and 
           (4) inform the respondent that all costs and expenses of 
        the proceeding, including respondent's attorney fees, will be 
        paid from the respondent's estate. 
           (d) In addition to the duties set out in paragraph (c), the 
        visitor shall make any other investigations the court directs. 
           (e) The visitor shall promptly file a report with the court 
        which must include: 
           (1) recommendations regarding the appropriateness of a 
        conservatorship, including whether less restrictive means of 
        intervention are available, the type of conservatorship, and, if 
        a limited conservatorship, the powers and duties to be granted 
        the limited conservator, and the assets over which the 
        conservator should be granted authority; 
           (2) a statement as to whether the respondent approves or 
        disapproves of the proposed conservator, and the powers and 
        duties proposed or the scope of the conservatorship; and 
           (3) any other matters the court directs. 
           (f) While a petition to establish a conservatorship or for 
        another protective order is pending, after preliminary hearing 
        and without notice to others, the court may make orders to 
        preserve and apply the property of the respondent as may be 
        required for the support of the respondent or individuals who 
        are in fact dependent upon the respondent, and may appoint an 
        agent to assist in that task. 
           Sec. 47.  [524.5-408] [ORIGINAL PETITION:  PROCEDURE AT 
        HEARING.] 
           (a) Unless excused by the court for good cause, the 
        petitioner and a proposed conservator shall attend the hearing.  
        The respondent shall attend and participate in the hearing 
        unless excused by the court for good cause.  The petitioner and 
        respondent may present evidence and subpoena witnesses and 
        documents, examine witnesses, including the visitor, and 
        otherwise participate in the hearing.  The hearing may be held 
        in a location convenient to the respondent and may be closed 
        upon request of the respondent and a showing of good cause. 
           (b) Any person may request permission to participate in the 
        proceeding.  The court may grant the request, with or without 
        hearing, upon a showing of good cause and after determining that 
        the best interest of the respondent will be served.  The court 
        may attach appropriate conditions to the participation. 
           Sec. 48.  [524.5-409] [FINDINGS; ORDER OF APPOINTMENT.] 
           (a) The court may appoint a limited or unlimited 
        conservator for a respondent only if it finds that: 
           (1) by clear and convincing evidence, the individual is 
        unable to manage property and business affairs because of an 
        impairment in the ability to receive and evaluate information or 
        make decisions, even with the use of appropriate technological 
        assistance, or because the individual is missing, detained, or 
        unable to return to the United States; 
           (2) by a preponderance of evidence, the individual has 
        property that will be wasted or dissipated unless management is 
        provided or money is needed for the support, care, education, 
        health, and welfare of the individual or of individuals who are 
        entitled to the individual's support and that protection is 
        necessary or desirable to obtain or provide money; and 
           (3) the respondent's identified needs cannot be met by less 
        restrictive means, including use of appropriate technological 
        assistance. 
           (b) Alternatively, the court, with appropriate findings, 
        may enter any other appropriate order, or dismiss the proceeding.
           (c) The court, whenever feasible, shall grant to a 
        conservator only those powers necessitated by the protected 
        person's limitations and demonstrated needs and make appointive 
        and other orders that will encourage the development of the 
        protected person's maximum self-reliance and independence. 
           (d) Within 14 days after an appointment, the conservator 
        shall send or deliver to the protected person, if the protected 
        person has attained 14 years of age and is not missing, 
        detained, or unable to return to the United States, and counsel 
        if represented at the hearing, a copy of the order of 
        appointment accompanied by a notice which advises the protected 
        person of the right to appeal the conservatorship appointment in 
        the time and manner provided by the Rules of Appellate Procedure.
           (e) Each year, within 30 days after the anniversary date of 
        an appointment, a conservator shall send or deliver to the 
        protected person a notice of the right to request termination or 
        modification of the conservatorship. 
           (f) The appointment of a conservator or the entry of 
        another protective order is not a determination of incapacity of 
        the protected person. 
           Sec. 49.  [524.5-410] [POWERS OF COURT.] 
           (a) After hearing and upon determining that a basis for a 
        conservatorship or other protective order exists, the court has 
        the following powers, which may be exercised directly or through 
        a conservator: 
           (1) with respect to a minor for reasons of age, all the 
        powers over the estate and business affairs of the minor which 
        may be necessary for the best interest of the minor and members 
        of the minor's immediate family; and 
           (2) with respect to an adult, or to a minor for reasons 
        other than age, for the benefit of the protected person and 
        individuals who are in fact dependent on the protected person 
        for support, all the powers over the estate and business affairs 
        of the protected person which the protected person could 
        exercise if an adult, present, and not under conservatorship or 
        other protective order. 
           (b) Subject to the provisions of section 524.5-110 relating 
        to letters of office, the court may at any time limit the powers 
        of a conservator otherwise conferred and may remove or modify 
        any limitation. 
           Sec. 50.  [524.5-411] [REQUIRED COURT APPROVAL.] 
           (a) After notice to affected persons as provided in this 
        section, and after hearing, and upon express authorization of 
        the court, a conservator may: 
           (1) make gifts; 
           (2) convey, release, or disclaim contingent and expectant 
        interests in property, including marital property rights and any 
        right of survivorship incident to joint tenancy or tenancy by 
        the entireties; 
           (3) exercise or release a power of appointment; 
           (4) create a revocable or irrevocable trust of property of 
        the estate, whether or not the trust extends beyond the duration 
        of the conservatorship, or to revoke or amend a trust revocable 
        by the protected person; 
           (5) subject to the terms of the plan document, contract, or 
        agreement, exercise rights to elect options and change 
        beneficiaries under insurance policies and annuities or 
        surrender the policies and annuities for their cash value, and 
        any change pursuant to this clause, shall invalidate the 
        existing elections and beneficiary designations; 
           (6) exercise any right to exempt property and an elective 
        share in the estate of the protected person's deceased spouse 
        and to renounce or disclaim any interest by testate or intestate 
        succession or by transfer inter vivos; 
           (7) subject to the terms of the plan document, contract, or 
        agreement, exercise rights to elect options and change 
        beneficiaries under any qualified or nonqualified retirement 
        plan including, but not limited to, defined benefit plans, 
        defined contribution plans, plans governed by sections 401(k), 
        403, 408, or 457 of the Internal Revenue Code and the 
        regulations thereto, and the right to exercise the options 
        provided a plan participant or beneficiary under section 401 and 
        related provisions of the Internal Revenue Code and the 
        regulations thereto, and any change pursuant to this clause, 
        shall invalidate the existing elections and beneficiary 
        designations; 
           (8) exercise the power to create, terminate, or alter the 
        beneficial interests and beneficiaries of, a payable on death 
        (POD) account, a transfer on death (TOD) security registration 
        or account, or joint tenancy interests with rights of 
        survivorship; and 
           (9) make, amend, or revoke the protected person's will. 
           (b) Notice of any hearing pursuant to this section shall 
        not be given pursuant to section 524.5-113.  Notice of any 
        hearing under this section shall be given to all affected 
        persons, in plain language, and shall provide the time and place 
        of the hearing and be given by mail postmarked at least 14 days 
        before the hearing.  Proof of notice must be made before or at 
        the hearing and filed in the proceeding.  For purposes of this 
        section, notice to "affected persons": 
           (1) shall always include (i) the protected person, (ii) the 
        duly appointed conservator, (iii) the protected person's 
        heirs-at-law, (iv) any state agency or county social services 
        agency paying benefits to or for the benefit of the protected 
        person, (v) any state agency to which an application for 
        benefits has been submitted and any state or county agency that 
        has prepared an asset assessment or could prepare an asset 
        assessment under section 256B.059, subdivision 2, for the 
        protected person or spouse, and (vi) subject to the limitations 
        of paragraph (c), all beneficiaries of the protected person's 
        existing will or revocable trust; 
           (2) shall also include, subject to the limitations of 
        paragraph (c), any person who has a beneficial vested or 
        contingent interest that may be affected by the exercise of the 
        power under this section; and 
           (3) shall also include any other persons designated by the 
        court. 
           (c) For purposes of this section, when giving notice, or 
        for purposes of giving consent or approval, or objecting with 
        regard to any proceedings under this section, the sole holder or 
        all coholders of a presently exercisable or testamentary general 
        power of appointment, power of revocation, or unlimited power of 
        withdrawal, under an existing will or trust, are deemed to 
        represent and act for beneficiaries to the extent that their 
        interests as objects, takers in default, or otherwise, are 
        subject to the power. 
           (d) A conservator, in making, amending, or revoking the 
        protected person's will, shall comply with section 524.2-501 to 
        524.2-517 acting on behalf of the protected person. 
           (e) The court, in exercising or in approving a 
        conservator's exercise of the powers listed in paragraph (a), 
        shall consider primarily the decision that the protected person 
        would have made, to the extent that the decision can be 
        ascertained.  The court shall also consider: 
           (1) the financial needs of the protected person and the 
        needs of individuals who are dependent on the protected person 
        for support and the interests of creditors; 
           (2) possible effect on income, estate, gift, inheritance, 
        or other tax liabilities; 
           (3) eligibility for governmental assistance with the goal 
        of avoiding reliance on such programs; 
           (4) the protected person's previous pattern of giving or 
        level of support; 
           (5) the existing estate plan; 
           (6) the protected person's life expectancy and the 
        probability that the conservatorship will terminate before the 
        protected person's death; 
           (7) whether the protected person's needs can be met from 
        the person's remaining assets after any transfer is made, taking 
        into account the effect of any transfer on eligibility for 
        medical assistance long term care services; and 
           (8) any other factors the court considers relevant. 
           (f) If an affected person, as defined in this article, is a 
        minor or an incapacitated person as defined by this article and 
        has no guardian or conservator within the state, or if an 
        affected person is unborn, unascertained, or a person whose 
        identity or address is unknown to the petitioner, the court 
        shall represent that person, unless the court, upon the 
        application of the guardian, conservator or any other affected 
        person, appoints a guardian ad litem to represent the affected 
        person. 
           (g) Notwithstanding the power granted to the conservator by 
        the court under this section, the conservator owes no duty to 
        any person other than the protected person.  The conservator 
        shall not be held liable for the exercise or the failure to 
        exercise, or the decision to exercise or the decision to decline 
        to exercise, the powers granted by this section.  The 
        conservator, however, may be held liable to the protected 
        person's estate for gross negligence related to the 
        implementation of any action approved by the court under this 
        section. 
           (h) The Uniform Guardianship and Protective Proceedings Act 
        does not repeal section 524.2-215 as it applies to wards, 
        protected persons, or respondents, expressly or by implication.  
        If there is a conflict between the act and section 524.2-215, 
        section 524.2-215 controls and the guardian or conservator shall 
        exercise the rights of the ward, protected person, or respondent 
        under section 524.2-215 without the need for any court order. 
           Sec. 51.  [524.5-412] [PROTECTIVE ARRANGEMENTS AND SINGLE 
        TRANSACTIONS.] 
           (a) If a basis is established for a protective order with 
        respect to an individual, the court, without appointing a 
        conservator, may: 
           (1) authorize, direct, or ratify any transaction necessary 
        or desirable to achieve any arrangement for security, service, 
        or care meeting the foreseeable needs of the protected person, 
        including: 
           (i) subject to the procedural and notice requirements of 
        section 524.5-418, the sale, mortgage, lease, or other transfer 
        of property; 
           (ii) purchase of an annuity; 
           (iii) making a contract for lifetime care, a deposit 
        contract, or a contract for training and education; or 
           (iv) addition to or establishment of a suitable trust, 
        including a trust created under the Uniform Custodial Trust Act; 
        and 
           (2) authorize, direct, or ratify any other contract, trust, 
        will, or transaction relating to the protected person's property 
        and business affairs, including a settlement of a claim, upon 
        determining that it is in the best interest of the protected 
        person. 
           (b) In deciding whether to approve a protective arrangement 
        or other transaction under this section, the court shall 
        consider the factors listed in section 524.5-411, paragraph (e). 
           (c) The court may appoint an agent to assist in the 
        accomplishment of any protective arrangement or other 
        transaction authorized under this section.  The agent has the 
        authority conferred by the order and shall serve until 
        discharged by order after report to the court; provided, 
        however, that if a conservator is appointed, only the 
        conservator has the power to sign all real estate deeds. 
           Sec. 52.  [524.5-413] [WHO MAY BE CONSERVATOR; PRIORITIES.] 
           (a) Except as otherwise provided in paragraph (d), the 
        court, in appointing a conservator, shall consider persons 
        otherwise qualified in the following order of priority: 
           (1) a conservator, guardian of the estate, or other like 
        fiduciary appointed or recognized by an appropriate court of any 
        other jurisdiction in which the protected person resides; 
           (2) a person nominated as conservator by the respondent, 
        including the respondent's most recent nomination made in a 
        durable power of attorney, if the respondent has attained 14 
        years of age and at the time of the nomination had sufficient 
        capacity to express a preference; 
           (3) an agent appointed by the respondent to manage the 
        respondent's property under a durable power of attorney; 
           (4) the spouse of the respondent; 
           (5) an adult child of the respondent; 
           (6) a parent of the respondent; and 
           (7) an adult with whom the respondent has resided for more 
        than six months before the filing of the petition. 
           (b) A person having priority under paragraph (a), clause 
        (1), (4), (5), or (6), may designate in writing a substitute to 
        serve instead and thereby transfer the priority to the 
        substitute. 
           (c) The court, acting in the best interest of the protected 
        person, may decline to appoint a person having priority and 
        appoint a person having a lower priority or no priority.  With 
        respect to persons having equal priority, the court shall select 
        the one it considers best qualified. 
           (d) Any individual or agency which provides residence, 
        custodial care, medical care, employment training, or other care 
        or services for which they receive a fee may not be appointed as 
        conservator unless related to the respondent by blood, marriage, 
        or adoption. 
           Sec. 53.  [524.5-414] [PETITION FOR ORDER SUBSEQUENT TO 
        APPOINTMENT.] 
           (a) A protected person or an interested person may file a 
        petition in the appointing court for an order: 
           (1) requiring bond or collateral or additional bond or 
        collateral, or reducing bond; 
           (2) requiring an accounting for the administration of the 
        protected person's estate; 
           (3) directing distribution; 
           (4) removing the conservator and appointing a temporary or 
        successor conservator; 
           (5) modifying the type of appointment or powers granted to 
        the conservator if the extent of protection or management 
        previously granted is currently excessive or insufficient or the 
        protected person's ability to manage the estate and business 
        affairs has so changed as to warrant the action; or 
           (6) granting other appropriate relief. 
           (b) A conservator may petition the appointing court for 
        instructions concerning fiduciary responsibility. 
           (c) On notice and hearing the petition, the court may give 
        appropriate instructions and make any appropriate order. 
           (d) The court may, at its own discretion, waive the notice 
        or hearing requirements for the relief requested in a petition 
        filed under this section. 
           Sec. 54.  [524.5-415] [BOND.] 
           The court may require a conservator to furnish a bond 
        conditioned upon faithful discharge of all duties of the 
        conservatorship according to law, with sureties as it may 
        specify. 
           Sec. 55.  [524.5-416] [TERMS AND REQUIREMENTS OF BOND.] 
           (a) The following rules apply to any bond required: 
           (1) Except as otherwise provided by the terms of the bond, 
        sureties and the conservator are jointly and severally liable. 
           (2) By executing the bond of a conservator, a surety 
        submits to the jurisdiction of the court that issued letters to 
        the primary obligor in any proceeding pertaining to the 
        fiduciary duties of the conservator in which the surety is named 
        as a party.  Notice of any proceeding must be sent or delivered 
        to the surety at the address shown in the court records at the 
        place where the bond is filed and to any other address then 
        known to the petitioner. 
           (3) On petition of a successor conservator or any 
        interested person, a proceeding may be brought against a surety 
        for breach of the obligation of the bond of the conservator. 
           (4) The bond of the conservator may be proceeded against 
        until liability under the bond is exhausted. 
           (b) A proceeding may not be brought against a surety on any 
        matter as to which an action or proceeding against the primary 
        obligor is barred. 
           Sec. 56.  [524.5-417] [GENERAL POWERS AND DUTIES OF 
        CONSERVATOR.] 
           (a) A conservator shall be subject to the control and 
        direction of the court at all times and in all things. 
           (b) The court shall grant to a conservator only those 
        powers necessary to provide for the demonstrated needs of the 
        protected person. 
           (c) The court may appoint a conservator of the estate if it 
        determines that all the powers and duties listed in this section 
        are needed to provide for the needs of the protected person.  
        The court may also appoint a conservator if it determines that a 
        conservator is necessary to provide for the needs of the 
        protected person through the exercise of some, but not all, of 
        the powers and duties listed in this section.  The duties and 
        powers of a conservator include, but are not limited to: 
           (1) the duty to pay the reasonable charges for the support, 
        maintenance, and education of the protected person in a manner 
        suitable to the protected person's station in life and the value 
        of the estate.  Nothing herein contained shall release parents 
        from obligations imposed by law for the support, maintenance, 
        and education of their children.  The conservator has no duty to 
        pay for these requirements out of personal funds.  Wherever 
        possible and appropriate, the conservator should meet these 
        requirements through governmental benefits or services to which 
        the protected person is entitled, rather than from the protected 
        person's estate.  Failure to satisfy the needs and requirements 
        of this section shall be grounds for removal, but the 
        conservator shall have no personal or monetary liability; 
           (2) the duty to pay out of the protected person's estate 
        all lawful debts of the protected person and the reasonable 
        charges incurred for the support, maintenance, and education of 
        the protected person's spouse and dependent children and, upon 
        order of the court, pay such sum as the court may fix as 
        reasonable for the support of any person unable to earn a 
        livelihood who is legally entitled to support from the protected 
        person; 
           (3) the duty to possess and manage the estate, collect all 
        debts and claims in favor of the protected person, or, with the 
        approval of the court, compromise them, institute suit on behalf 
        of the protected person and represent the protected person in 
        any court proceedings, and invest all funds not currently needed 
        for the debts and charges named in clauses (1) and (2) and the 
        management of the estate, in accordance with the provisions of 
        sections 48A.07, subdivision 6, and 501B.151, or as otherwise 
        ordered by the court.  The standard of a fiduciary shall be 
        applicable to all investments by a conservator.  A conservator 
        shall also have the power to purchase certain contracts of 
        insurance as provided in section 50.14, subdivision 14, clause 
        (b); 
           (4) where a protected person has inherited an undivided 
        interest in real estate, the court, on a showing that it is for 
        the best interest of the protected person, may authorize an 
        exchange or sale of the protected person's interest or a 
        purchase by the protected person of any interest other heirs may 
        have in the real estate, subject to the procedures and notice 
        requirements of section 524.5-418; 
           (5) the power to approve or withhold approval of any 
        contract, except for necessities, which the protected person may 
        make or wish to make; and 
           (6) the power to apply on behalf of the protected person 
        for any assistance, services, or benefits available to the 
        protected person through any unit of government. 
           (d) The conservator shall have the power to revoke, 
        suspend, or terminate all or any part of a durable power of 
        attorney of which the protected person is the principal with the 
        same power the principal would have if the principal were not 
        incapacitated.  If a durable power of attorney is in effect, a 
        decision of the conservator takes precedence over that of an 
        attorney-in-fact. 
           (e) Transaction set aside.  If a protected person has made 
        a financial transaction or gift or entered into a contract 
        during the two-year period before establishment of the 
        conservatorship, the conservator may petition for court review 
        of the transaction, gift, or contract.  If the court finds that 
        the protected person was incapacitated or subject to duress, 
        coercion, or undue influence when the transaction, gift, or 
        contract was made, the court may declare the transaction, gift, 
        or contract void except as against a bona fide transferee for 
        value and order reimbursement or other appropriate relief.  This 
        paragraph does not affect any other right or remedy that may be 
        available to the protected person with respect to the 
        transaction, gift, or contract. 
           (f) After the filing of the petition, a certificate of the 
        district court certified to that fact may be filed for record 
        with the Minnesota secretary of state in the same manner as 
        provided in section 336.9-501.  The certificate shall state that 
        a petition is pending and the name and address of the person for 
        whom a conservator is sought.  If a conservator is appointed on 
        the petition, and if the conservatorship order removes or 
        restricts the right of the protected person to transfer property 
        or to contract, then all contracts except for necessaries, and 
        all transfers of personal property, tangible or intangible, 
        including, but not limited to, cash or securities transfers at 
        banks, brokerage houses, or other financial institutions, or 
        transfers of cash or securities, made by the protected person 
        after the filing and before the termination of the 
        conservatorship shall be voidable. 
           Sec. 57.  [524.5-418] [GENERAL POWERS AND DUTIES OF 
        CONSERVATOR WITH RESPECT TO REAL PROPERTY.] 
           This section is applicable only to conservatorships and not 
        to decedents' estates.  As used in this section, the word 
        "mortgage" includes an extension of an existing mortgage, 
        subject to the provisions of this section, and the word "lease" 
        means a lease for one or more years, unless the context 
        indicates otherwise.  The conservator shall have the following 
        powers and duties with respect to conservatorship real property: 
           (a) The court may direct a sale, mortgage, or lease of any 
        real estate of a protected person when the personal property is 
        insufficient to pay debts and other charges against the estate, 
        or to provide for the support, maintenance, and education of the 
        protected person, a spouse, and dependent children, or when it 
        shall determine the sale, mortgage, or lease to be for the best 
        interest of the protected person.  The homestead of a protected 
        person shall not be sold, mortgaged, or leased unless the 
        written consent of the spouse has been filed. 
           (b) A conservator may file a petition to sell, mortgage, or 
        lease alleging briefly the facts constituting the reasons for 
        the application and describing the real estate involved 
        therein.  The petition may include all the real estate of the 
        protected person or any part or parts thereof.  It may apply for 
        different authority as to separate parcels.  It may apply in the 
        alternative for authority to sell, mortgage, or lease. 
           (1) Upon the filing of such petition, the court shall fix 
        the time and place for the hearing thereof.  Notice of the 
        hearing shall be given to interested persons and shall state 
        briefly the nature of the application made by the petition.  If 
        publication of notice is required by the court, published notice 
        shall be given by publication once a week for two consecutive 
        weeks in a legal newspaper designated by the petitioner in the 
        county wherein the proceedings are pending, or, if no such 
        designation be made, in any legal newspaper in the county, or, 
        if the city of the protected person's residence is situated in 
        more than one county, in any legal newspaper in the city.  The 
        first publication shall be had within two weeks after the date 
        of the order fixing the time and place for the hearing.  Proof 
        of publication and mailing shall be filed before the hearing.  
        No defect in any notice or in the publication or service thereof 
        shall invalidate any proceedings. 
           (2) Upon the hearing, the court shall have full power to 
        direct the sale, mortgage, or lease of all the real estate 
        described in the petition, or to direct the sale, mortgage, or 
        lease of any one or more parcels thereof, provided that any such 
        direction shall be within the terms of the application made by 
        the petition.  The order shall describe the real estate to be 
        sold, mortgaged, or leased, and may designate the sequence in 
        which the several parcels shall be sold, mortgaged, or leased.  
        If the order be for a sale, it shall direct whether the real 
        estate shall be sold at private sale or public auction.  An 
        order to mortgage shall fix the maximum amount of the principal 
        and the maximum rate of interest and shall direct the purpose 
        for which the proceeds shall be used.  An order for sale, 
        mortgage, or lease shall remain in force until terminated by the 
        court, but no private sale shall be made after one year from the 
        date of the order unless the real estate shall have been 
        reappraised under order of the court within six months preceding 
        the sale. 
           (3) The court may order a sale of real estate for cash, 
        part cash, and a purchase-money mortgage of not more than 50 
        percent of the purchase price, or on contract for deed.  The 
        initial payment under a sale on contract shall not be less than 
        ten percent of the total purchase price, and the unpaid purchase 
        price shall bear interest at a rate of not less than four 
        percent per annum and shall be payable in reasonable monthly, 
        quarterly, semiannual, or annual payments, and the final 
        installment shall become due and payable not later than ten 
        years from the date of the contract.  Such contract shall 
        provide for conveyance by conservator's or quit claim deed, 
        which deed shall be executed and delivered upon full performance 
        of the contract without further order of the court.  In the 
        event of termination of the interest of the purchaser and 
        assigns in such contract, the real estate may be resold under 
        the original order and a reappraisal within six months preceding 
        the sale.  A sale of the vendor's interest in real estate sold 
        by the conservator on contract may be made under order of the 
        court, with or without notice, upon an appraisal of such 
        interest within six months preceding the sale; no such sale 
        shall be made for less than its value as fixed by such appraisal.
           (4) If a sale at public auction is ordered, two weeks' 
        published notice of the time and place of sale shall be given.  
        Proof of publication shall be filed before the confirmation of 
        the sale.  Such publication and sale may be made in the county 
        where the real estate is situated or in the county of the 
        proceedings.  If the parcels to be sold are contiguous and lie 
        in more than one county, notice may be given and the sale may be 
        made in either of such counties or in the county of the 
        proceedings.  The conservator may adjourn the sale from time to 
        time, if for the best interests of the estate and the persons 
        concerned, but not exceeding six months in all.  Every 
        adjournment shall be announced publicly at the time and place 
        fixed for the sale and, if for more than one day, further notice 
        thereof shall be given as the court may direct. 
           (5) If a private sale be ordered, the real estate shall be 
        reappraised by two or more disinterested persons under order of 
        the court unless a prior appraisal of the real estate has been 
        made by two or more disinterested persons not more than six 
        months before the sale, which reappraisal shall be filed before 
        the confirmation of the sale.  No real estate shall be sold at 
        private sale for less than its value as fixed by such appraisal. 
           (6) If the bond is insufficient, before confirmation of a 
        sale or lease, or before execution of a mortgage, the 
        conservator shall file an additional bond in such amount as the 
        court may require. 
           (7) Upon making a sale or lease, the conservator shall file 
        a report thereof.  Upon proof of compliance with the terms of 
        the order, the court may confirm the sale or lease and order the 
        conservator to execute and deliver the proper instrument. 
           (c) When a protected person is entitled under contract of 
        purchase to any interest in real estate, such interest may be 
        sold for the same reasons and in the same manner as other real 
        estate of a protected person.  Before confirmation, the court 
        may require the filing of a bond conditioned to save the estate 
        harmless.  Upon confirmation, the conservator shall assign the 
        contract and convey by conservator's or quit claim deed. 
           (d) When the estate of a protected person is liable for any 
        charge, mortgage, lien, or other encumbrance upon the real 
        estate therein, the court may refuse to confirm the sale or 
        lease until after the filing of a bond in such amount as the 
        court may direct conditioned to save the estate harmless. 
           (e) When any real estate of a protected person is desired 
        by any person, firm, association, corporation, or governmental 
        agency having the power of eminent domain, the conservator may 
        agree, in writing, upon the compensation to be made for the 
        taking, injuring, damaging, or destroying thereof, subject to 
        the approval of the court.  When the agreement has been made, 
        the conservator shall file a petition, of which the agreement 
        shall be a part, setting forth the facts relative to the 
        transaction. 
           (1) The court, with notice to interested persons, shall 
        hear, determine, and act upon the petition.  If publication of 
        notice is required by the court, published notice shall be given 
        by publication once a week for two consecutive weeks in a legal 
        newspaper designated by the petitioner in the county wherein the 
        proceedings are pending, or, if no such designation be made, in 
        any legal newspaper in the county, or, if the city of the 
        protected person's residence is situated in more than one 
        county, in any legal newspaper in the city.  The first 
        publication shall be within two weeks after the date of the 
        order fixing the time and place for the hearing.  Proof of 
        publication and mailing shall be filed before the hearing.  No 
        defect in any notice or in the publication or service thereof 
        shall invalidate any proceedings. 
           (2) If the court approves the agreement, the conservator, 
        upon payment of the agreed compensation, shall convey the real 
        estate sought to be acquired and execute any release which may 
        be authorized. 
           (f) When it is for the best interests of the estate of a 
        protected person, real estate may be platted by the conservator 
        under such conditions and upon such notice as the court may 
        order. 
           (g) When any protected person is legally bound to make a 
        conveyance or lease, the court, without further notice, may 
        direct the conservator to make the conveyance or lease to the 
        person entitled thereto.  The petition may be made by any person 
        claiming to be entitled to the conveyance or lease, or by the 
        conservator, or by any interested person or person claiming an 
        interest in the real estate or contract, and shall show the 
        description of the land and the facts upon which the claim for 
        conveyance or lease is based.  Upon proof of the petition, the 
        court may order the conservator to execute and deliver an 
        instrument of conveyance or lease upon performance of the 
        contract. 
           (h) A conservator without order of the court may make an 
        extension of an existing mortgage for a period of five years or 
        less, if the extension agreement contains the same prepayment 
        privileges and the rate of interest does not exceed the lowest 
        rate in the mortgage extended. 
           (i) No conservator shall be liable personally on any 
        mortgage note or by reason of the covenants in any instrument or 
        conveyance executed in the capacity of conservator. 
           (j) No sale, mortgage, lease, or conveyance by a 
        conservator shall be subject to collateral attack on account of 
        any irregularity in the proceedings if the court which ordered 
        the same had jurisdiction of the estate. 
           (k) No proceeding to have declared invalid the sale, 
        mortgage, lease, or conveyance by a conservator shall be 
        maintained by any person claiming under or through the protected 
        person unless such proceeding is begun within five years 
        immediately succeeding the date of such sale, mortgage, lease, 
        or conveyance; provided, however, that in case of real estate 
        sold by a conservator, no action for its recovery shall be 
        maintained by or under the protected person unless it is begun 
        within five years after the termination of the protective 
        proceedings and that, in cases of fraud, minors, and others 
        under legal disability to sue when the right of action first 
        accrues may begin such action at any time within five years 
        after the disability is removed. 
           (l) After the filing of the petition, a certificate of the 
        district court certified to that fact may be filed for record in 
        the office of the county recorder for abstract property, or with 
        the registrar of titles for registered property, of any county 
        in which any real estate owned by the proposed protected person 
        is situated and, if the protected person is a resident of this 
        state, in the county of residence.  The certificate shall state 
        that a petition is pending and the name and address of the 
        person for whom a conservator is sought.  If a conservator is 
        appointed on the petition, and if the conservatorship order 
        removes or restricts the right of the protected person to 
        transfer property or to contract, then all contracts and all 
        transfers of real property made by the protected person after 
        the filing and before the termination of the conservatorship 
        shall be void. 
           Sec. 58.  [524.5-419] [INVENTORY; RECORDS.] 
           (a) Within 60 days after appointment, a conservator shall 
        prepare and file with the appointing court a detailed inventory 
        of the estate subject to the conservatorship, together with an 
        oath or affirmation that the inventory is believed to be 
        complete and accurate as far as information permits. 
           (b) A conservator shall keep records of the administration 
        of the estate and make them available for examination on 
        reasonable request of the court, ward, protected person, or any 
        attorney representing such persons. 
           Sec. 59.  [524.5-420] [REPORTS; APPOINTMENT OF VISITOR; 
        MONITORING.] 
           (a) A conservator shall report to the court for 
        administration of the estate annually unless the court otherwise 
        directs, upon resignation or removal, upon termination of the 
        conservatorship, and at other times as the court directs.  An 
        order, after notice and hearing, allowing an intermediate report 
        of a conservator adjudicates liabilities concerning the matters 
        adequately disclosed in the accounting.  An order, after notice 
        and hearing, allowing a final report adjudicates all previously 
        unsettled liabilities relating to the conservatorship. 
           (b) A report must state or contain a listing of the assets 
        of the estate under the conservator's control and a listing of 
        the receipts, disbursements, and distributions during the 
        reporting period. 
           (c) The court may appoint a visitor to review a report or 
        plan, interview the protected person or conservator, and make 
        any other investigation the court directs.  In connection with a 
        report, the court may order a conservator to submit the assets 
        of the estate to an appropriate examination to be made in a 
        manner the court directs. 
           (d) The court shall establish a system for monitoring of 
        conservatorships, including the filing and review of 
        conservators' reports and plans. 
           Sec. 60.  [524.5-421] [TITLE AFTER APPOINTMENT.] 
           (a) The appointment of a conservator does not vest title of 
        the protected person's property in the conservator. 
           (b) Letters of conservatorship are evidence of the 
        conservator's power to act on behalf of the protected person.  
        An order terminating a conservatorship terminates the 
        conservator's powers to act on behalf of the protected person. 
           (c) Subject to the requirements of general statutes 
        governing the filing or recordation of documents of title to 
        land or other property, letters of conservatorship and orders 
        terminating conservatorships may be filed or recorded to give 
        notice of title as between the conservator and the protected 
        person. 
           Sec. 61.  [524.5-422] [PROTECTED PERSON'S INTEREST 
        NONALIENABLE.] 
           (a) Except as otherwise provided in paragraphs (c) and (d), 
        the interest of a protected person in property is not 
        transferable or assignable by the protected person.  An 
        attempted transfer or assignment by the protected person, 
        although ineffective to affect property rights, may give rise to 
        a claim against the protected person for restitution or damages 
        which, subject to presentation and allowance, may be satisfied 
        as provided in section 524.5-429. 
           (b) Upon appointment of a conservator, property vested in a 
        protected person is not subject to levy, garnishment, or similar 
        process for claims against the protected person unless allowed 
        pursuant to section 524.5-429. 
           (c) A person without knowledge of the conservatorship who 
        in good faith and for security or substantially equivalent value 
        receives delivery from a protected person of tangible personal 
        property of a type normally transferred by delivery of 
        possession is protected as if the protected person or transferee 
        had valid title. 
           (d) A third party who deals with the protected person with 
        respect to property subject to a conservatorship is entitled to 
        any protection provided in other law. 
           (e) Nothing in this section or in this article shall 
        prevent the imposition, enforcement, or collection of a lien 
        under sections 514.980 to 514.985. 
           Sec. 62.  [524.5-423] [SALE, ENCUMBRANCE, OR OTHER 
        TRANSACTION INVOLVING CONFLICT OF INTEREST.] 
           Any transaction involving the conservatorship estate which 
        is affected by a conflict between the conservator's fiduciary 
        and personal interests is voidable unless the transaction is 
        expressly authorized by the court after notice to interested 
        persons.  A transaction affected by a conflict between personal 
        and fiduciary interests includes any sale, encumbrance, or other 
        transaction involving the conservatorship estate entered into by 
        the conservator, the spouse, descendant, agent, or lawyer of a 
        conservator, or corporation or other enterprise in which the 
        conservator has a beneficial interest. 
           Sec. 63.  [524.5-424] [PROTECTION OF PERSON DEALING WITH 
        CONSERVATOR.] 
           (a) A person who assists or deals with a conservator in 
        good faith and for value in any transaction other than one 
        requiring a court order under section 524.5-410 or 524.5-411 is 
        protected as though the conservator properly exercised the 
        power.  The fact that a person knowingly deals with a 
        conservator does not alone require the person to inquire into 
        the existence of a power or the propriety of its exercise, but 
        restrictions on powers of conservators which are endorsed on 
        letters as provided in section 524.5-110 are effective as to 
        other persons.  A person need not see to the proper application 
        of assets of the estate paid or delivered to a conservator. 
           (b) Protection provided by this section extends to any 
        procedural irregularity or jurisdictional defect that occurred 
        in proceedings leading to the issuance of letters and is not a 
        substitute for protection provided to persons assisting or 
        dealing with a conservator by comparable provisions in other law 
        relating to commercial transactions or to simplifying transfers 
        of securities by fiduciaries. 
           Sec. 64.  [524.5-426] [DELEGATION.] 
           (a) A conservator may not delegate to an agent or another 
        conservator the entire administration of the estate, but a 
        conservator may otherwise delegate the performance of functions 
        that a prudent person of comparable skills may delegate under 
        similar circumstances. 
           (b) The conservator shall exercise reasonable care, skill, 
        and caution in: 
           (1) selecting an agent; 
           (2) establishing the scope and terms of a delegation, 
        consistent with the purposes and terms of the conservatorship; 
           (3) periodically reviewing an agent's overall performance 
        and compliance with the terms of the delegation; and 
           (4) redressing an action or decision of an agent which 
        would constitute a breach of fiduciary duty if performed by the 
        conservator. 
           (c) A conservator who complies with paragraphs (a) and (b) 
        is not liable to the protected person or to the estate for the 
        decisions or actions of the agent to whom a function was 
        delegated. 
           (d) In performing a delegated function, an agent shall 
        exercise reasonable care to comply with the terms of the 
        delegation. 
           (e) By accepting a delegation from a conservator subject to 
        the laws of this state, an agent submits to the jurisdiction of 
        the courts of this state. 
           Sec. 65.  [524.5-427] [PRINCIPLES OF DISTRIBUTION BY 
        CONSERVATOR.] 
           (a) Unless otherwise specified in the order of appointment 
        and endorsed on the letters of appointment, a conservator may 
        expend or distribute income or principal of the estate of the 
        protected person without further court authorization or 
        confirmation for the support, care, education, health, and 
        welfare of the protected person and individuals who are in fact 
        dependent on the protected person, including the payment of 
        child or spousal support, in accordance with paragraphs (b) to 
        (e). 
           (b) The conservator shall consider recommendations relating 
        to the appropriate standard of support, care, education, health, 
        and welfare for the protected person or an individual who is in 
        fact dependent on the protected person made by a guardian, if 
        any, and, if the protected person is a minor, the conservator 
        shall consider recommendations made by a parent. 
           (c) The conservator may not be surcharged for money paid to 
        persons furnishing support, care, education, or benefit to the 
        protected person or an individual who is in fact dependent on 
        the protected person pursuant to the recommendations of a parent 
        or guardian of the protected person unless the conservator knows 
        that the parent or guardian derives personal financial benefit 
        therefrom, including relief from any personal duty of support, 
        or the recommendations are not in the best interest of the 
        protected person. 
           (d) In making distributions under this section, the 
        conservator shall consider: 
           (1) the size of the estate, the estimated duration of the 
        conservatorship, and the likelihood that the protected person, 
        at some future time, may be fully self-sufficient and able to 
        manage business affairs and the estate; 
           (2) the accustomed standard of living of the protected 
        person and individuals who are in fact dependent on the 
        protected person; and 
           (3) other money or sources used for the support of the 
        protected person. 
           (e) Money expended under this section may be paid by the 
        conservator to any person, including the protected person, to 
        reimburse for expenditures that the conservator might have made 
        or in advance for services to be rendered to the protected 
        person if it is reasonable to expect the services will be 
        performed and advance payments are customary or reasonably 
        necessary under the circumstances. 
           Sec. 66.  [524.5-428] [DEATH OF PROTECTED PERSON.] 
           (a) If a protected person dies, the conservator shall 
        deliver to the court for safekeeping any will of the deceased 
        protected person which may have come into the conservator's 
        possession, inform the personal representative named in the will 
        of the delivery, and retain the estate for delivery to a duly 
        appointed personal representative of the decedent or other 
        persons entitled thereto. 
           (b) If a personal representative has not been appointed 
        within 90 days after the death of a protected person and an 
        application or petition for appointment is not before the court, 
        the conservator may apply or petition for appointment as 
        personal representative in order to administer and distribute 
        the decedent's estate. 
           Sec. 67.  [524.5-429] [CLAIMS AGAINST PROTECTED PERSON.] 
           (a) A conservator may pay, or secure by encumbering assets 
        of the estate, claims against the estate or against the 
        protected person arising before or during the conservatorship 
        upon their presentation and allowance in accordance with the 
        priorities stated in paragraph (d).  A claimant may present a 
        claim by: 
           (1) sending or delivering to the conservator a written 
        statement of the claim, indicating its basis, the name and 
        address of the claimant, and the amount claimed; or 
           (2) filing a written statement of the claim, in the form 
        prescribed by rule, with the clerk of court and sending or 
        delivering a copy of the statement to the conservator. 
           (b) A claim is deemed presented on receipt of the written 
        statement of claim by the conservator or the filing of the claim 
        with the court, whichever occurs first.  A presented claim is 
        allowed if it is not disallowed by written statement sent or 
        delivered by the conservator to the claimant within 60 days 
        after its presentation.  The conservator before payment may 
        change an allowance to a disallowance in whole or in part, but 
        not after allowance by a court order or judgment or an order 
        directing payment of the claim.  The presentation of a claim 
        tolls the running of any statute of limitations relating to the 
        claim until 30 days after its disallowance. 
           (c) A claimant whose claim has not been paid may petition 
        the court for determination of the claim at any time before it 
        is barred by a statute of limitations and, upon due proof, 
        procure an order for its allowance, payment, or security by 
        encumbering assets of the estate.  If a proceeding is pending 
        against a protected person at the time of appointment of a 
        conservator or is initiated against the protected person 
        thereafter, the moving party shall give to the conservator 
        notice of any proceeding that could result in creating a claim 
        against the estate. 
           (d) If it appears that the estate is likely to be exhausted 
        before all existing claims are paid, the conservator shall 
        distribute the estate in money or in kind in payment of claims 
        in the following order: 
           (1) costs and expenses of administration; 
           (2) claims of the federal or state government having 
        priority under other law; 
           (3) reasonable and necessary medical, hospital, or nursing 
        home expenses of the protected person, including compensation of 
        persons attending the ward, protected person, or respondent; 
           (4) claims incurred by the conservator for support, care, 
        education, health, and welfare previously provided to the 
        protected person or individuals who are in fact dependent on the 
        protected person; 
           (5) claims arising before the conservatorship; and 
           (6) all other claims. 
           (e) Preference may not be given in the payment of a claim 
        over any other claim of the same class, and a claim due and 
        payable may not be preferred over a claim not due. 
           (f) If assets of the conservatorship are adequate to meet 
        all existing claims, the court, acting in the best interest of 
        the protected person, may order the conservator to give a 
        mortgage or other security on the conservatorship estate to 
        secure payment at some future date of any or all claims. 
           Sec. 68.  [524.5-430] [PERSONAL LIABILITY OF CONSERVATOR.] 
           (a) Except as otherwise agreed, a conservator is not 
        personally liable on a contract properly entered into in a 
        fiduciary capacity in the course of administration of the estate 
        unless the conservator fails to reveal in the contract the 
        representative capacity and identify the estate. 
           (b) A conservator is personally liable for obligations 
        arising from ownership or control of property of the estate or 
        for other acts or omissions occurring in the course of 
        administration of the estate only if personally at fault. 
           (c) Claims based on contracts entered into by a conservator 
        in a fiduciary capacity, obligations arising from ownership or 
        control of the estate, and claims based on torts committed in 
        the course of administration of the estate may be asserted 
        against the estate by proceeding against the conservator in a 
        fiduciary capacity, whether or not the conservator is personally 
        liable therefor. 
           (d) A question of liability between the estate and the 
        conservator personally may be determined in a proceeding for 
        accounting, surcharge, or indemnification, or in another 
        appropriate proceeding or action. 
           (e) A conservator is not personally liable for any 
        environmental condition on or injury resulting from any 
        environmental condition on land solely by reason of being 
        appointed conservator. 
           Sec. 69.  [524.5-431] [TERMINATION OF PROCEEDINGS.] 
           (a) A conservatorship terminates upon the death of the 
        protected person or upon order of the court.  Unless created for 
        reasons other than that the protected person is a minor, a 
        conservatorship created for a minor also terminates when the 
        protected person attains majority or is emancipated. 
           (b) Upon the death of a protected person, the conservator 
        shall conclude the administration of the estate by distribution 
        of probate property to the personal representative of the 
        protected person's estate.  The conservator shall distribute 
        nonprobate property to the successor in interest.  The 
        conservator shall file a final report and petition for discharge 
        no later than 30 days after distribution, and notice of hearing 
        for allowance of said report shall be given to interested 
        persons and to the personal representative of the protected 
        person's estate. 
           (c) On petition of any person interested in the protected 
        person's welfare, the court may terminate the conservatorship if 
        the protected person no longer needs the assistance or 
        protection of a conservator.  Termination of the conservatorship 
        does not affect a conservator's liability for previous acts or 
        the obligation to account for funds and assets of the protected 
        person. 
           (d) Except as otherwise ordered by the court for good 
        cause, before terminating a conservatorship, the court shall 
        follow the same procedures to safeguard the rights of the 
        protected person that apply to a petition for conservatorship.  
        Upon the establishment of a prima facie case for termination, 
        the court shall order termination unless it is proved that 
        continuation of the conservatorship is in the best interest of 
        the protected person. 
           (e) Upon termination of a conservatorship, whether or not 
        formally distributed by the conservator, title to assets of the 
        estate remains vested in the formerly protected person or passes 
        to the person's successors subject to administration, including 
        claims of creditors and allowances of surviving spouse and 
        dependent children, and subject to the rights of others 
        resulting from abatement, retainer, advancement, and ademption.  
        The order of termination must provide for expenses of 
        administration and direct the conservator to execute appropriate 
        instruments to evidence the transfer of title or confirm a 
        distribution previously made and to file a final report and a 
        petition for discharge upon approval of the final report. 
           (f) The court shall enter a final order of discharge upon 
        the approval of the final report and satisfaction by the 
        conservator of any other conditions placed by the court on the 
        conservator's discharge. 
           Sec. 70.  [524.5-432] [PAYMENT OF DEBT AND DELIVERY OF 
        PROPERTY TO FOREIGN CONSERVATOR WITHOUT LOCAL PROCEEDING.] 
           (a) A person who is indebted to or has the possession of 
        tangible or intangible property of a protected person may pay 
        the debt or deliver the property to a foreign conservator, 
        guardian of the estate, or other court-appointed fiduciary of 
        the state of residence of the protected person.  Payment or 
        delivery may be made only upon proof of appointment and 
        presentation of an affidavit made by or on behalf of the 
        fiduciary stating that a protective proceeding relating to the 
        protected person is not pending in this state and the foreign 
        fiduciary is entitled to payment or to receive delivery. 
           (b) Payment or delivery in accordance with paragraph (a) 
        discharges the debtor or possessor, absent knowledge of any 
        protective proceeding pending in this state. 
           Sec. 71.  [524.5-433] [FOREIGN CONSERVATOR:  PROOF OF 
        AUTHORITY; BOND; POWERS.] 
           If a conservator has not been appointed in this state and a 
        petition in a protective proceeding is not pending in this 
        state, a conservator appointed in the state in which the 
        protected person resides may file in a court of this state, in a 
        county in which property belonging to the protected person is 
        located, authenticated copies of letters of appointment and of 
        any bond.  Thereafter, the conservator may exercise all powers 
        of a conservator appointed in this state as to property in this 
        state and may maintain actions and proceedings in this state 
        subject to any conditions otherwise imposed upon nonresident 
        parties. 
                                     PART 5 
                            MISCELLANEOUS PROVISIONS 
           Sec. 72.  [524.5-501] [GUARDIANSHIP, CONSERVATORSHIP; 
        WORKERS' COMPENSATION PROCEEDINGS.] 
           (a) When a matter is referred under section 176.092, 
        subdivision 3, the court shall determine whether the employee or 
        dependent is a minor or an incapacitated person, shall appoint a 
        guardian or conservator if the employee or dependent is a minor 
        or an incapacitated person, and shall return the matter to the 
        source of referral. 
           (b) The court shall oversee the use of monetary benefits 
        paid to a conservator as provided in this article or under rule 
        145 of the General Rules of Practice for the district courts.  
        There is a rebuttable presumption that a settlement or award 
        approved by the commissioner of the department of labor and 
        industry or a compensation judge is reasonable and fair to the 
        employee or dependent. 
           (c) Subject to the approval of the court, the insurer or 
        self-insured employer shall pay the costs and guardian, 
        conservator, and attorney fees of the employee or dependent 
        associated with the appointment of a guardian or conservator and 
        as required under section 176.092. 
           Sec. 73.  [524.5-502] [COMPENSATION AND EXPENSES.] 
           (a) The court may authorize a proceeding under this article 
        to proceed in forma pauperis, as provided in chapter 563. 
           (b) In proceedings under this article, a lawyer or health 
        professional rendering necessary services with regard to the 
        appointment of a guardian or conservator, the administration of 
        the protected person's estate or personal affairs, or the 
        restoration of that person's capacity or termination of the 
        protective proceeding shall be entitled to compensation from the 
        protected person's estate or from the county having jurisdiction 
        over the proceedings if the ward or protected person is 
        indigent.  When the court determines that other necessary 
        services have been provided for the benefit of the ward or 
        protected person by a lawyer or health professional, the court 
        may order fees to be paid from the estate of the protected 
        person or from the county having jurisdiction over the 
        proceedings if the ward or protected person is indigent.  If, 
        however, the court determines that a petitioner, guardian, or 
        conservator has not acted in good faith, the court shall order 
        some or all of the fees or costs incurred in the proceedings to 
        be borne by the petitioner, guardian, or conservator not acting 
        in good faith.  In determining compensation for a guardian or 
        conservator of an indigent person, the court shall consider a 
        fee schedule recommended by the board of county commissioners.  
        The fee schedule may also include a maximum compensation based 
        on the living arrangements of the ward or protected person.  If 
        these services are provided by a public or private agency, the 
        county may contract on a fee-for-service basis with that agency. 
           (c) When the court determines that a guardian or 
        conservator has rendered necessary services or has incurred 
        necessary expenses for the benefit of the ward or protected 
        person, the court may order reimbursement or compensation to be 
        paid from the estate of the protected person or from the county 
        having jurisdiction over the guardianship or protective 
        proceeding if the ward or protected person is indigent.  The 
        court may not deny an award of fees solely because the ward or 
        protected person is a recipient of medical assistance.  In 
        determining compensation for a guardian or conservator of an 
        indigent person, the court shall consider a fee schedule 
        recommended by the board of county commissioners.  The fee 
        schedule may also include a maximum compensation based on the 
        living arrangements of the ward or protected person.  If these 
        services are provided by a public or private agency, the county 
        may contract on a fee-for-service basis with that agency. 
           (d) The court shall order reimbursement or compensation if 
        the guardian or conservator requests payment and the guardian or 
        conservator was nominated by the court or by the county adult 
        protection unit because no suitable relative or other person was 
        available to provide guardianship or protective proceeding 
        services necessary to prevent maltreatment of a vulnerable 
        adult, as defined in section 626.5572, subdivision 15.  In 
        determining compensation for a guardian or conservator of an 
        indigent person, the court shall consider a fee schedule 
        recommended by the board of county commissioners.  The fee 
        schedule may also include a maximum compensation based on the 
        living arrangements of the ward or protected person.  If these 
        services are provided by a public or private agency, the county 
        may contract on a fee-for-service basis with that agency. 
           (e) When a county employee serves as a guardian or 
        conservator as part of employment duties, the court shall order 
        compensation if the guardian or conservator performs necessary 
        services that are not compensated by the county.  The court may 
        order reimbursement to the county from the protected person's 
        estate for compensation paid by the county for services rendered 
        by a guardian or conservator who is a county employee but only 
        if the county shows that after a diligent effort it was unable 
        to arrange for an independent guardian or conservator. 

                                   ARTICLE 2
                      CONFORMING AMENDMENTS AND TRANSITION
           Section 1.  Minnesota Statutes 2002, section 145C.09, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [POWER OF A GUARDIAN.] The powers of a guardian 
        to revoke the appointment of a health care agent in a health 
        care directive of which the ward is the principal or to revoke 
        the health care directive itself are specified in section 
        524.5-315. 
           Sec. 2.  Minnesota Statutes 2002, section 201.014, 
        subdivision 2, is amended to read: 
           Subd. 2.  [NOT ELIGIBLE.] The following individuals are not 
        eligible to vote.  Any individual:  
           (a) Convicted of treason or any felony whose civil rights 
        have not been restored; 
           (b) Under a guardianship of the person in which the court 
        order provides that the ward does not retain the right to vote; 
        or 
           (c) Found by a court of law to be legally incompetent.  
           Sec. 3.  Minnesota Statutes 2002, section 201.15, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GUARDIANSHIPS AND INCOMPETENTS.] The state 
        court administrator shall report monthly to the secretary of 
        state the name, address, and date of birth of each individual 18 
        years of age or over, who during the month preceding the date of 
        the report:  
           (a) was placed under a guardianship of the person in which 
        the court order provides that the ward does not retain the right 
        to vote; or 
           (b) was adjudged legally incompetent. 
           The court administrator shall also report the same 
        information for each individual transferred to the jurisdiction 
        of the court who meets a condition specified in clause (a) or 
        (b).  The secretary of state shall determine if any of the 
        persons in the report is registered to vote and shall prepare a 
        list of those registrants for the county auditor.  The county 
        auditor shall change the status on the record in the statewide 
        registration system of any individual named in the report to 
        indicate that the individual is not eligible to reregister or 
        vote. 
           Sec. 4.  Minnesota Statutes 2002, section 245A.041, is 
        amended to read: 
           245A.041 [SYSTEMS AND RECORDS.] 
           Subdivision 1.  [ESTABLISHMENT; USE.] (a) The commissioner 
        may establish systems and records to fulfill the requirements of 
        section 245A.04.  The commissioner may also use these systems 
        and records to obtain and provide criminal history data from the 
        bureau of criminal apprehension, criminal history data held by 
        the commissioner, and data about substantiated maltreatment 
        under section 626.556 or 626.557, for other purposes, provided 
        that: 
           (1) the background study is specifically authorized in 
        statute; or 
           (2) the request is made with the informed consent of the 
        subject of the study as provided in section 13.05, subdivision 4.
           A person making a request under clause (2) must agree in 
        writing not to disclose the data to any other person without the 
        consent of the subject of the data. 
           (b) The commissioner may recover the cost of obtaining and 
        providing background study data by charging the person or entity 
        requesting the study a fee of no more than $12 per study.  The 
        fees collected under this paragraph are appropriated to the 
        commissioner for the purpose of conducting background studies.  
           Subd. 2.  [NATIONAL RECORDS SEARCH.] (a) When specifically 
        required by statute, the commissioner shall also obtain criminal 
        history data from the National Criminal Records Repository.  To 
        obtain criminal history data from the National Criminal Records 
        Repository, the commissioner shall require classifiable 
        fingerprints of the data subject and must submit these 
        fingerprint requests through the bureau of criminal 
        apprehension.  The commissioner may recover the cost of 
        obtaining and providing criminal history data from the National 
        Criminal Records Repository by charging the person or entity 
        requesting the study a fee of no more than $30 per study.  The 
        fees collected under this subdivision are appropriated to the 
        commissioner for the purpose of obtaining criminal history data 
        from the National Criminal Records Repository. 
           (b) To obtain criminal history data from the National 
        Criminal Records Repository under this chapter, the commissioner 
        may require the background study subject to submit fingerprint 
        images electronically.  The commissioner may not require 
        electronic fingerprint images until the electronic recording and 
        transfer system is available for non-criminal-justice purposes 
        and the necessary equipment is in use in the law enforcement 
        agency in the background study subject's local community. 
           Sec. 5.  Minnesota Statutes 2002, section 507.04, is 
        amended to read: 
           507.04 [CONVEYANCE BY SPOUSE OF INSANE OR INCOMPETENT 
        PERSON OF PROTECTED PERSON'S REAL PROPERTY.] 
           Subdivision 1.  [WITH GUARDIAN'S NO CONVEYANCE EXCEPT BY 
        COURT APPROVAL.] The spouse of any person who is adjudged by a 
        court of competent jurisdiction to be insane or incompetent to 
        transact business or manage that person's estate, and for whose 
        person or estate, or both, a guardian is appointed by a district 
        court of this state, may, with the guardian's approval, by 
        separate deed convey any real estate, the title to which is in 
        such spouse, as fully as the spouse could do if unmarried.  A 
        duly certified copy of the letters of guardianship of the 
        guardian shall be recorded in the office of the county recorder 
        of the county in which the real estate is situated.  The 
        approval of the conveyance by the guardian shall be in writing, 
        after being first authorized to do so by an order of the 
        district court, and shall be endorsed on the instrument of the 
        conveyance.  Without the approval of the guardian, Except as 
        otherwise provided by this section, if a protected person's 
        right to convey an interest in real property is restricted under 
        sections 524.5-401 to 524.5-433, no conveyance of the interest 
        is effective unless ordered by the court pursuant to section 
        524.5-418.  A conveyance of an interest in real property owned 
        by the competent spouse does not affect of a protected person 
        remains subject to the marital rights of the insane or 
        incompetent spouse protected person unless the protected 
        person's conservator joins in the conveyance on behalf of the 
        protected person pursuant to a court order under section 
        524.5-418.  This section does not revive marital rights in real 
        property extinguished as part of a property agreement or 
        settlement between the spouses approved by a court of competent 
        jurisdiction, including but not limited to a valid pre-nuptial 
        or post-nuptial agreement, a legal separation, or any other 
        court approved division of assets between the spouses.  
           Subd. 2.  [DISABILITY FOR THREE YEARS.] Where no guardian 
        has been appointed of the person or estate of such insane or 
        incompetent spouse and such insanity or incompetency has existed 
        or may exist for three years subsequent to the adjudication of 
        the insanity or incompetency of the insane or incompetent 
        spouse, the spouse of the insane or incompetent person may 
        convey any real estate, the title to which is in the spouse, as 
        fully as the spouse could do if unmarried.  
           Subd. 3.  [HOMESTEAD.] This section does not authorize the 
        conveyance of a homestead unless the guardian of the person or 
        estate of the insane or incompetent person appointed by the 
        district court of the proper county consents in writing to the 
        conveyance by endorsement thereon after being first authorized 
        so to do by order of the district court.  
           Subd. 4.  [NONRESIDENT WITH DISABILITY.] The provisions of 
        subdivisions 2 and 3 do not apply to a nonresident insane or 
        incompetent person.  
           Subd. 5.  [INCHOATE INTEREST IN SPOUSE'S SHARE REAL 
        PROPERTY OF PROTECTED PERSON'S SPOUSE.] In all cases where 
        the district court under section 524.5-418 has directed ordered 
        a sale conveyance of the interest of an insane or incompetent 
        interest in real property owned by a protected person in real 
        estate or has ordered a protected person's joinder in the 
        conveyance of an interest in real property owned by the 
        protected person's spouse, the sale conveyance includes the 
        inchoate interest of the protected person in any share or part 
        of the real estate property owned by such the protected person's 
        spouse whether or not specifically mentioned in the proceedings 
        or conveyance, when the interest of the spouse is also conveyed 
        to the same grantee.  
           Subd. 6.  [VALIDITY OF HOMESTEAD CONVEYANCE.] No conveyance 
        of the homestead is valid unless made by both spouses in a joint 
        deed each spouse or the duly authorized legal representative of 
        each spouse joins in the conveyance by joint deed or by separate 
        deeds. 
           Sec. 6.  Minnesota Statutes 2002, section 524.2-502, is 
        amended to read: 
           524.2-502 [EXECUTION; WITNESSED WILLS.] 
           Except as provided in sections 524.2-506 and 524.2-513, a 
        will must be: 
           (1) in writing; 
           (2) signed by the testator or in the testator's name by 
        some other individual in the testator's conscious presence and 
        by the testator's direction or signed by the testator's 
        conservator pursuant to a court order under section 524.5-411; 
        and 
           (3) signed by at least two individuals, each of whom signed 
        within a reasonable time after witnessing either the signing of 
        the will as described in clause (2) or the testator's 
        acknowledgment of that signature or acknowledgment of the will. 
           Sec. 7.  Minnesota Statutes 2002, section 524.3-203, is 
        amended to read: 
           524.3-203 [PRIORITY AMONG PERSONS SEEKING APPOINTMENT AS 
        PERSONAL REPRESENTATIVE.] 
           (a) Whether the proceedings are formal or informal, persons 
        who are not disqualified have priority for appointment in the 
        following order: 
           (1) the person with priority as determined by a probated 
        will including a person nominated by a power conferred in a 
        will; 
           (2) the surviving spouse of the decedent who is a devisee 
        of the decedent; 
           (3) other devisees of the decedent; 
           (4) the surviving spouse of the decedent; 
           (5) other heirs of the decedent; 
           (6) 45 days after the death of the decedent, any creditor; 
           (7) 90 days after the death of the decedent and pursuant to 
        section 524.5-428, paragraph (b), any conservator of the 
        decedent who has not been discharged.  
           (b) An objection to an appointment can be made only in 
        formal proceedings.  In case of objection the priorities stated 
        in (a) apply except that 
           (1) if the estate appears to be more than adequate to meet 
        exemptions and costs of administration but inadequate to 
        discharge anticipated unsecured claims, the court, on petition 
        of creditors, may appoint any qualified person; 
           (2) in case of objection to appointment of a person other 
        than one whose priority is determined by will by an heir or 
        devisee appearing to have a substantial interest in the estate, 
        the court may appoint a person who is acceptable to heirs and 
        devisees whose interests in the estate appear to be worth in 
        total more than half of the probable distributable value, or, in 
        default of this accord any suitable person.  
           (c) A person entitled to letters under (2) to (5) of (a) 
        above may nominate a qualified person to act as personal 
        representative. Any person aged 18 and over may renounce the 
        right to nominate or to an appointment by appropriate writing 
        filed with the court.  When two or more persons share a 
        priority, those of them who do not renounce must concur in 
        nominating another to act for them, or in applying for 
        appointment.  
           (d) Conservators of the estates of protected persons, or if 
        there is no conservator, any guardian except a guardian ad litem 
        of a minor or incapacitated person, may exercise the same right 
        to nominate, to object to another's appointment, or to 
        participate in determining the preference of a majority in 
        interest of the heirs and devisees that the protected person or 
        ward would have if qualified for appointment.  
           (e) Appointment of one who does not have priority, 
        including priority resulting from disclaimer, renunciation or 
        nomination determined pursuant to this section, may be made only 
        in formal proceedings.  Before appointing one without priority, 
        the court must determine that those having priority, although 
        given notice of the proceedings, have failed to request 
        appointment or to nominate another for appointment, and that 
        administration is necessary.  
           (f) No person is qualified to serve as a personal 
        representative who is: 
           (1) under the age of 18; 
           (2) a person whom the court finds unsuitable in formal 
        proceedings; 
           (g) A personal representative appointed by a court of the 
        decedent's domicile has priority over all other persons except 
        as provided in (b)(1) or where the decedent's will nominates 
        different persons to be personal representative in this state 
        and in the state of domicile.  The domiciliary personal 
        representative may nominate another, who shall have the same 
        priority as the domiciliary personal representative.  
           (h) This section governs priority for appointment of a 
        successor personal representative but does not apply to the 
        selection of a special administrator.  
           Sec. 8.  [REPEALER.] 
           Minnesota Statutes 2002, sections 524.5-505; 525.539; 
        525.54; 525.541; 525.542; 525.543; 525.544; 525.545; 525.55; 
        525.5501; 525.551; 525.5515; 525.552; 525.56; 525.561; 525.562; 
        525.57; 525.58; 525.581; 525.582; 525.583; 525.59; 525.591; 
        525.60; 525.61; 525.615; 525.6155; 525.616; 525.6165; 525.617; 
        525.6175; 525.618; 525.6185; 525.619; 525.6192; 525.6194; 
        525.6195; 525.6196; 525.6197; 525.6198; 525.6199; 525.62; 
        525.63; 525.64; 525.641; 525.642; 525.65; 525.651; 525.652; 
        525.66; 525.661; 525.662; 525.67; 525.68; 525.69; 525.691; 
        525.692; 525.70; 525.702; 525.703; and 525.705, are repealed. 
           Sec. 9.  [TRANSITION PROVISIONS.] 
           (a) Articles 1 and 2 apply to each guardianship or 
        conservatorship proceeding and each appointment of guardian or 
        conservator commenced on or after the effective date of articles 
        1 and 2.  Except as otherwise provided in this section, articles 
        1 and 2 apply to each guardianship or conservatorship approved 
        by the court prior to the effective date of articles 1 and 2, 
        and to any guardianship or conservatorship proceeding pending in 
        court on the effective date of articles 1 and 2, unless the 
        court finds for good cause or in the interests of judicial 
        economy that the proceeding should be completed under the 
        provisions of Minnesota Statutes, chapter 525, as it existed 
        prior to the effective date of articles 1 and 2. 
           (b) A guardian or conservator who is not discharged prior 
        to the effective date of articles 1 and 2 shall continue to hold 
        the appointment but shall have only the powers specified in the 
        order of appointment and in Minnesota Statutes, chapter 525, as 
        it existed prior to the effective date of articles 1 and 2.  
        Each guardian or conservator holding an appointment on the 
        effective date of articles 1 and 2 shall continue to be bound by 
        the duties imposed by the order of appointment; by Minnesota 
        Statutes, chapter 525, as it existed prior to the effective date 
        of articles 1 and 2; and by article 1, section 50; and shall be 
        bound by any additional duties imposed by articles 1 and 2 
        starting on the first day of the next month starting after the 
        effective date of articles 1 and 2 or on the next anniversary 
        date of the appointment, whichever occurs later. 
           (c) Any act done prior to the effective date of articles 1 
        and 2 in any proceeding and any right accrued under Minnesota 
        Statutes, chapter 525, prior to the effective date of articles 1 
        and 2 shall not be impaired by articles 1 and 2.  If a right is 
        acquired, extinguished, or barred upon the expiration of a 
        prescribed period of time which has commenced to run in 
        accordance with the provisions of any statute before the 
        effective date of articles 1 and 2, the provisions of the prior 
        statute shall remain in force with respect to that right 
        notwithstanding the statute's amendment or repeal by articles 1 
        and 2. 
           (d) An order of the court or letters of guardianship or 
        conservatorship issued by the court prior to the effective date 
        of articles 1 and 2 shall remain in full force and effect in 
        accordance with its terms and conditions and in accordance with 
        the provisions of prior law until the court modifies the order 
        or letters in accordance with the provisions of articles 1 and 2.
        Upon request for a certified copy of an order or letters which 
        remains in full force and effect under this paragraph, the court 
        administrator shall certify that the order or letters remains in 
        full force and effect pursuant to this paragraph. 
           (e) The court, without hearing or notice to any person, may 
        issue new letters of guardianship or conservatorship under 
        articles 1 and 2 to replace similar letters issued prior to the 
        effective date of articles 1 and 2.  The new letters shall be 
        effective under articles 1 and 2 with the same force and effect 
        as the prior letters and shall remain in full force and effect 
        until modified by the court in accordance with the provisions of 
        articles 1 and 2. 
           (f) A power of attorney executed in accordance with 
        Minnesota Statutes, section 524.5-505, prior to the effective 
        date of articles 1 and 2, or any surety bond, deed, or other 
        instrument, report, or other undertaking executed in accordance 
        with Minnesota Statutes, chapter 525, prior to the effective 
        date of articles 1 and 2, shall remain in full force and effect 
        for all purposes in accordance with its terms and conditions and 
        the provisions of the applicable statutes under which the power 
        of attorney, surety bond, deed, or other instrument, report, or 
        other undertaking was executed, until the power of attorney, 
        surety bond, deed, or other instrument, report, or other 
        undertaking expires according to its terms or pursuant to the 
        statutes governing its execution, or is modified, terminated, or 
        superseded by a new power of attorney, surety bond, deed, or 
        other instrument, report, or other undertaking executed in 
        accordance with the provisions of articles 1 and 2. 
           Presented to the governor April 10, 2003 
           Signed by the governor April 11, 2003, 5:45 p.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569