Minnesota Administrative Rules

9525.3070 COUNTY OF GUARDIANSHIP RESPONSIBILITY.

Subpart 1.

Responsibilities delegated to county of guardianship responsibility.

All guardianship responsibilities in parts 9525.3010 to 9525.3100, are delegated by the commissioner to the county of guardianship responsibility except for those responsibilities retained by the commissioner under parts 9525.3055 to 9525.3060. The county of guardianship responsibility retains general supervisory responsibility for the ward throughout the duration of the public guardianship.

Subp. 2.

Maintenance of records.

The county of guardianship responsibility shall maintain a record for each ward. A separate guardianship record is not required. The guardianship record may be part of the existing client record. The county of guardianship responsibility, and any designated supervising agency, shall retain records on a ward until a court order terminates the guardianship or until the death of the ward. Records of a person previously under public guardianship may be destroyed four years from the date the file is closed.

Subp. 3.

Ward relocation.

The county staff acting as public guardian shall notify the department when a ward permanently relocates or temporarily leaves Minnesota for an extended stay. Notification is required for the following:

A.

Leaving the state for more than 90 days. The county staff acting as public guardian shall determine whether leaving the state more than 90 days is in the best interest of the ward. If necessary, the county staff acting as public guardian shall refer the ward to the appropriate local agency in the other state for ongoing supervision.

B.

Moving permanently from Minnesota. The county staff acting as public guardian shall determine whether moving permanently from the state is in the best interest of the ward. When a determination is made that the ward will move, the local agency shall seek termination of the public guardianship according to part 9525.3085.

Statutory Authority:

MS s 252A.21

History:

17 SR 2276

Published Electronically:

October 16, 2013