1998 Minnesota Statutes

     525.618 Court appointment of guardian of minor; 
  procedure. 

    Subdivision 1.    Time of notice; to whom.  Notice of 
 the time and place of hearing of a petition for the appointment 
 of a guardian of a minor shall be given by the petitioner in the 
 following manner and to the following persons: 

    (a) The minor, if 14 or more years of age, by personal 
 service at least 14 days prior to the date of hearing; 

    (b) The person who has had the principal care and custody 
 of the minor during the 60 days preceding the date of the 
 petition by personal service, at least 14 days prior to the date 
 of hearing; 

    (c) Any living parent of the minor residing in Minnesota by 
 personal service, at least 14 days prior to the date of hearing; 

    (d) Any living parent of the minor residing outside of 
 Minnesota, and any adult brothers and sisters of the minor, 
 service by mail, at least 14 days prior to the date of hearing; 
 and 

    (e) To any other persons that the court may direct.  

    Subd. 2.    Required findings.  Upon hearing, if the 
 court finds that a qualified person seeks appointment, venue is 
 proper, the required notices have been given, the requirements 
 of section 525.6165 have been met, and the welfare and best 
 interests of the minor will be served by the requested 
 appointment, it shall make the appointment.  In other cases the 
 court may dismiss the proceedings, or make any other disposition 
 of the matter that will best serve the interests of the minor.  

    Subd. 3.    Temporary guardian.  If necessary, the court 
 may appoint a temporary guardian, with the status of an ordinary 
 guardian of a minor, but the authority of a temporary guardian 
 shall not last longer than six months.  

    Subd. 4.    Attorney for minor.  If, at any time in the 
 proceeding, the court determines that the interests of the minor 
 are or may be inadequately represented, it may appoint an 
 attorney to represent the minor, giving consideration to the 
 preference of the minor if the minor is 14 years of age or older.

    Subd. 5.    Copy of order to ward or conservatee.  A 
 copy of an order appointing a guardian or conservator of a minor 
 shall be served by mail upon the ward or conservatee and 
 counsel, if represented at the hearing.  The order shall be 
 accompanied by a notice which advises the ward or conservatee of 
 the right to appeal the guardianship or conservatorship 
 appointment within 30 days.  

    Subd. 6.    Contents of letters.  Letters of 
 guardianship or conservatorship shall issue to the guardian or 
 conservator.  They shall contain:  (a) the name, address, and 
 telephone number of the guardian or conservator; (b) the name, 
 address, and telephone number of the ward or conservatee; (c) 
 whether it is a guardianship or conservatorship or both; and (d) 
 the legal limitations, if any, imposed by the court on the 
 guardian or conservator.  

    HIST: 1980 c 493 s 32; 1981 c 313 s 14; 1982 c 472 s 7,8; 1986 
 c 444