1997 Minnesota Statutes

     525.58 Filing of accounts; filing of affidavit. 

    Subdivision 1.    Annual account.  Except where 
 expressly waived or modified by the court, every guardian or 
 conservator of the estate annually shall file with the court 
 within 30 days of the anniversary date of the guardian's or 
 conservator's appointment a verified account covering the period 
 from the date of appointment or the last account.  The guardian 
 or conservator of the estate shall give a copy of the annual 
 account to the ward or conservatee except where expressly waived 
 by the court after a finding that the ward or conservatee is so 
 incapacitated as to be unable to understand the account or there 
 is a serious likelihood of harm to the ward or conservatee.  The 
 court or its designee shall annually review the court file to 
 insure that the account has been filed and that the account 
 contains the information required by this section.  If an 
 account has not been filed or if the account does not contain 
 the information required by this section the court shall order 
 the guardian or conservator to file an appropriate account.  The 
 examination and acceptance shall not constitute an adjudication 
 or determination of the merits of the account filed nor shall it 
 constitute the court's approval of the account.  At the 
 termination of the guardianship or conservatorship, or upon the 
 guardian's or conservator's removal or resignation, the guardian 
 or conservator or the surety, or in the event of death or 
 disability, the guardian's or conservator's representative or 
 surety shall file a verified final account with a petition for 
 the settlement and allowance thereof.  Every account shall show 
 in detail all property received and disbursed, the property on 
 hand, the present address of the ward or conservatee and of the 
 guardian or conservator, and unless the guardian or conservator 
 be a corporation, the amount of the bond, the names and 
 addresses of all sureties thereon, that each unincorporated 
 surety is a resident of this state, is not under disability, and 
 is worth the amount in which the surety justified. 

    Subd. 2.    Notice of right to petition for restoration of 
 capacity.  Except where expressly waived by the court after a 
 finding that the ward or conservatee is so incapacitated as to 
 be unable to understand any notice, or there is a serious 
 likelihood of harm to the ward or conservatee, every guardian or 
 conservator shall annually give notice to the ward or 
 conservatee of the right to petition for restoration to 
 capacity, discharge of guardian or conservator, or modification 
 of the orders of guardianship or conservatorship.  A waiver 
 shall not be effective for more than two years without a 
 redetermination by the court.  The notice shall describe the 
 procedure for preparing and filing such a petition.  Notice 
 shall also inform the ward or conservatee that after a petition 
 is filed the court will hold a hearing on the matter and that 
 the ward or conservatee has the right to be present and to be 
 represented by counsel at the hearing.  The form of the notice 
 shall be approved or supplied by the court. 

    Subd. 3.    Affidavit.  Except where expressly waived by 
 the court as provided in subdivision 2, every guardian or 
 conservator shall file annually with the court an affidavit of 
 having given the notice required by subdivision 2 to the ward or 
 conservatee and every guardian or conservator of an estate shall 
 file an affidavit stating that a copy of the annual account has 
 been given to the ward or conservatee.  

    Subd. 4.    Annual report of the guardian of the person. 
  Except where expressly waived by the court, every guardian or 
 conservator of the person shall annually file a report under 
 oath with the court within 30 days of the anniversary date of 
 the appointment of the guardian or conservator.  The report 
 shall contain the guardian's or conservator's good faith 
 evaluation of the following information for the preceding year:  

    (a) changes in the medical condition of the ward or 
 conservatee; 

    (b) changes in the living conditions of the ward or 
 conservatee; 

    (c) changes in the mental and emotional condition of the 
 ward or conservatee; 

    (d) a listing of hospitalizations of the ward or 
 conservatee; and 

    (e) if the ward or conservatee is institutionalized, an 
 evaluation of the care and treatment received by the ward or 
 conservatee, and if the ward or conservatee is indigent, a 
 review of the continued need for guardian or conservator 
 services beyond those provided by the institution or the county 
 human services agency.  The court shall request the assistance 
 of the county human services agency to assist in making this 
 need determination.  If a continued need for guardian or 
 conservator services exists, the county may contract for these 
 services with other public or private agencies.  

    The court or its designee shall annually review the court 
 file to insure that the report has been filed and that the 
 report contains the information required by this subdivision.  
 If a report has not been filed or if the report does not contain 
 the information required by this subdivision, the court shall 
 order the guardian or conservator to file an appropriate report. 

    HIST: (8992-137) 1935 c 72 s 137; 1973 c 618 s 11; 1980 c 493 
 s 12; 1981 c 313 s 11; 1982 c 401 s 1; 1983 c 51 s 1; 1986 c 
 444; 1993 c 118 s 4