1998 Minnesota Statutes

     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.  

    HIST: (8992-143) 1935 c 72 s 143; 1939 c 270 s 8; 1959 c 267 s 
 3; 1973 c 618 s 18; 1979 c 43 s 3; 1980 c 493 s 18; 1986 c 444; 
 1Sp1986 c 3 art 3 s 8