Minnesota Administrative Rules

9525.3020 PERSONS SUBJECT TO PUBLIC GUARDIANSHIP.

Subpart 1.

Private guardianship preferred.

The commissioner, acting through the local agency, shall seek parents, near relatives, and other interested persons to assume a private guardianship appointment as a preferred alternative over public guardianship.

Subp. 2.

Commissioner as adviser.

The commissioner, acting through the local agency, shall seek out persons with a developmental disability who are not under public guardianship but are in need of guardianship services and advise them of the availability of services and assistance.

Subp. 3.

Guardian of the estate.

When a ward has a personal estate beyond that which is necessary for the ward's personal and immediate needs, the county staff acting as public guardian shall:

A.

determine whether a guardian of the estate has been appointed;

B.

determine whether a guardian of the estate is necessary under the criteria in Minnesota Statutes, section 525.54, subdivision 3, if no guardian of the estate has been appointed; and

C.

petition the court with probate jurisdiction in the county of guardianship responsibility for the appointment of a private guardian of the estate, if a guardianship of the estate is determined to be necessary.

Statutory Authority:

MS s 252A.21

History:

17 SR 2276; L 1995 c 189 s 8; L 1996 c 277 s 1; L 2013 c 59 art 3 s 21

Published Electronically:

October 16, 2013