525.61 Restoration to capacity; modification of guardianship or conservatorship.
Subdivision 1. General. Any adult person who is under guardianship or conservatorship or the guardian or conservator, or any other person may petition the court in which the person was so adjudicated to be restored to capacity or to have a guardianship transferred to a conservatorship or to modify the guardianship or conservatorship. Upon the filing of the petition, the court shall fix the time and place for the hearing thereof, notice of which shall be given to the ward or conservatee, guardian or conservator, and to those other persons and in a manner provided in section 525.55.
Subd. 2. Restoration to capacity. To obtain an order of restoration to capacity the petitioner must prove by a preponderance of the evidence that the ward or conservatee is no longer incapacitated as defined in section 525.54, and is able to make provisions for personal care or self-management of property. If a ward or conservatee has the functional ability to care for self or for property, or to make provisions for personal care or the care of property, the fact of impairment to some extent by a mental condition shall not preclude restoration to capacity. In any proceedings for restoration, the court may appoint one person duly licensed by a health related licensing board and one accredited social worker with expertise in evaluating persons who have the disabilities similar to those found to be the reason for the ward's or conservatee's incapacity, to assist in the determination of mental condition and functional ability to care for self or property. The court shall allow and order paid to each health professional and social worker a reasonable sum for services. Upon the order, the county auditor shall issue a warrant on the county treasurer for the payment thereof.
Subd. 3. Appointment of new guardian or conservator. Upon a motion to remove a guardian or conservator and appoint a new guardian or conservator, the court shall consider whether the existing guardian or conservator has performed the applicable duties and whether the continued appointment of the guardian or conservator is in the best interests of the ward or conservatee. The court shall appoint a new guardian or conservator if it finds that:
(1) the existing guardian or conservator has failed to perform the duties associated with the guardianship or conservatorship or to provide for the best interests of the ward or conservatee; and
(2) the best interests of the ward or conservatee will be better served by the appointment of a new guardian or conservator.
The court's decision must include the specific findings required by section 525.551, subdivision 5.
Official Publication of the State of Minnesota
Revisor of Statutes