Minnesota Administrative Rules

9525.3085 MODIFICATION OR TERMINATION OF PUBLIC GUARDIANSHIP.

Subpart 1.

Generally.

A hearing for the modification or termination of a public guardianship is governed by Minnesota Statutes, section 252A.19. The commissioner serves as public guardian with all the powers awarded pursuant to the guardianship until termination or modification by the court.

Subp. 2.

Petition.

The commissioner, ward, county staff acting as public guardian, or any interested person may petition the appointing court or the court to which venue has been transferred, for an order to terminate or modify the public guardianship under Minnesota Statutes, section 252A.19, subdivision 2. If the local agency determines that the ward no longer needs public guardianship, the local agency shall petition the court for a termination or modification of the public guardianship under Minnesota Statutes, section 252A.19.

Subp. 3.

Specific modifications.

The specific forms of modification available are set forth in Minnesota Statutes, section 252A.19, subdivision 2. Each of these alternatives is a change in legal status of the ward and requires a court hearing.

Subp. 4.

Comprehensive evaluation.

The county staff acting as public guardian shall arrange for a comprehensive evaluation of the ward at the court's request, under Minnesota Statutes, section 252A.19, subdivision 4.

Statutory Authority:

MS s 252A.21

History:

17 SR 2276

Published Electronically:

October 16, 2013