1997 Minnesota Statutes

     525.544 Nomination or appointment of guardian or 
  conservator. 

    Subdivision 1.    By proposed ward or conservatee.  In 
 the petition or in a written instrument executed before or after 
 the petition is filed, the proposed ward or conservatee may, if 
 acting with sufficient capacity to form an intelligent 
 preference, nominate a conservator or guardian or give 
 instructions to the conservator or guardian.  The written 
 instrument shall be executed and attested in the same manner as 
 a will.  The court shall appoint the person so nominated as 
 conservator or guardian and shall charge the person with the 
 instructions, unless the court finds that the appointment of the 
 nominee or the instructions are not in the best interests of the 
 proposed ward or conservatee. 

    Subd. 2.    Other cases.  If the proposed ward or 
 conservatee lacks capacity or fails to nominate a conservator or 
 guardian, the court may appoint a qualified person after review 
 by a screening committee as provided in section 525.54, 
 subdivision 1, if any, if the court finds that the person's 
 appointment is in the best interests of the proposed ward or 
 conservatee.  A proposed guardian or conservator need not reside 
 in this state if the proposed guardian or conservator is able to 
 maintain a current understanding of the ward's or conservatee's 
 physical and mental status and needs.  If the proposed ward or 
 conservatee lacks capacity or fails to give instructions, the 
 court may give the guardian or conservator powers as required in 
 accordance with section 525.56.  If the proposed ward or 
 conservatee is indigent, the court may appoint a guardian or 
 conservator under contract with the county, or a public or 
 private agency under contract with the county, to provide these 
 services. 

    HIST: 1973 c 618 s 5; 1980 c 348 s 1; 1980 c 493 s 6; 1986 c 
 444; 1Sp1986 c 3 art 3 s 6; 1988 c 456 s 2; 1993 c 118 s 3