1997 Minnesota Statutes

     525.591 Special guardian or conservator. 

    Subdivision 1.  Any person may file a verified petition for 
 a special guardian or conservator.  The petition shall contain:  
 (a) all of the information required in section 525.542; (b) the 
 reasons that the petitioner believes the proposed ward or 
 conservatee is in need of a special guardian or conservator; and 
 (c) the reasons why the regular procedure for obtaining 
 guardianship or conservatorship is not appropriate.  

    Subd. 2.    Special guardian or conservator.  Upon a 
 clear showing of necessity, the court with notice may appoint a 
 special guardian or conservator of the person or estate or both 
 of any adult person designated in section 525.54, whether a 
 petition for general guardianship or conservatorship has been 
 filed or not.  Notice shall be given in language which can be 
 easily understood at least 24 hours prior to the hearing, and 
 shall contain the information required by section 525.55, 
 subdivision 2, regarding the purpose of the hearing and the 
 rights of the proposed ward or conservatee.  A copy of the 
 petition shall be served with the notice.  The court may waive 
 the 24 hour notice requirement upon a showing that immediate and 
 reasonably foreseeable harm to the person or the person's estate 
 will result from the 24 hour delay.  Notice of the court's order 
 shall be given to the proposed ward or conservatee. 

    Subd. 3.    No appeal.  There shall be no appeal from 
 any order appointing or refusing to appoint a special guardian 
 or conservator.  

    Subd. 4.  The court shall grant to a special guardian or 
 conservator only those powers necessary to provide for the 
 demonstrated needs of the ward or conservatee.  Subject to this 
 limitation the court may grant any of the powers specified in 
 section 525.56.  

    Subd. 5.  Within 14 days after appointment, a special 
 guardian or conservator of the estate shall file an inventory 
 and appraisal of the personal property according to the 
 requirements of sections 525.561 and 525.562.  The court shall 
 specify in its order the duration of the special guardianship or 
 conservatorship.  At the expiration of the time specified in the 
 court's order, or upon the granting of letters of general 
 guardianship or conservatorship, the power of a special guardian 
 or conservator shall cease, and the special guardian or 
 conservator shall proceed forthwith to a final accounting.  When 
 a special guardian or conservator has been appointed to protect 
 the ward's or conservatee's interest in any matter wherein the 
 interest of the general guardian or conservator appears to 
 conflict with that of the ward or conservatee, or to protect the 
 ward's or conservatee's interest upon suspension of an order of 
 removal of a general guardian or conservator by appeal, the 
 power of the special guardian or conservator shall not cease 
 until terminated by the court. 

    HIST: (8992-141) 1935 c 72 s 141; 1973 c 618 s 16; 1975 c 347 
 s 117; 1980 c 493 s 16; 1981 c 313 s 12,13; 1986 c 444