1997 Minnesota Statutes

     525.582 Adjudication on account. 

    (a) Unless otherwise ordered, the guardian or conservator 
 shall, and other persons may, be examined on the hearing.  If 
 the account be correct, it shall be settled and allowed; if 
 incorrect, it shall be corrected and then settled and allowed.  
 The order of settlement and allowance shall show the amount of 
 the personal property remaining. Upon settlement of the final 
 account, and upon delivery of the property on hand to the person 
 entitled thereto, the court shall discharge the guardian or 
 conservator and the sureties.  Any person for whom a guardian or 
 conservator has been appointed and who has become of age or has 
 been restored to capacity may show to the court that the person 
 has settled with the guardian or conservator and may petition 
 for the guardian's or conservator's discharge without further 
 hearing.  Upon such petition, the court may discharge the 
 guardian or conservator and the sureties. 

    (b) If, after hearing on notice as the court may require to 
 the guardian, conservator and any surety, there is determined to 
 be mismanagement, a shortage of funds, or other misconduct for 
 which the guardian, conservator or a surety is liable, the court 
 shall settle the account and enter judgment against the 
 guardian, conservator or any surety as may be appropriate.  The 
 judgment may be filed, docketed and enforced in the same manner 
 as any other judgment.  This remedy is in addition to any other 
 remedy available for breach of any condition of the bond. 

    (c) The resignation of a guardian or conservator shall not 
 take effect until the court examines and allows the final 
 account and makes an order accepting the resignation. 

    (d) If a guardian or conservator becomes unsuitable, 
 incapacitated or disabled, or violates the trust or fails to 
 perform any duty imposed by law or the lawful order of the 
 court, the court upon petition or the court's own motion may 
 remove the guardian or conservator after notice. 

    HIST: (8992-139) 1935 c 72 s 139; 1973 c 618 s 13; 1977 c 153 
 s 1; 1986 c 444