2000 Minnesota Statutes

     525.591 Special guardian or conservator. 

    Subdivision 1.    Petition.  A person may file a 
 verified petition for a special guardian or conservator.  The 
 petition must contain: 

    (1) all of the information required in section 525.542; 

    (2) the reasons that the petitioner believes the proposed 
 ward or conservatee is in need of a special guardian or 
 conservator; and 

    (3) the reasons why the regular procedure for obtaining 
 guardianship or conservatorship is not appropriate.  

    Subd. 2.    Hearing on application; notice.  Upon 
 receipt of a petition under this section, the court shall order 
 a hearing to be held no later than 14 days from the date of the 
 order and no sooner than 48 hours from the date of the order.  
 Personal service notifying the proposed conservatee or ward of 
 the scheduled hearing must be made immediately after receipt of 
 a hearing date and at least 48 hours before the scheduled 
 hearing date.  Notice must be given in language which can be 
 easily understood and must 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 must be served with the notice.  

    Subd. 2a.    Emergency appointment.  (a) The court may 
 waive the notice and hearing requirements in subdivision 2 upon 
 a showing that immediate and reasonably foreseeable and 
 irreparable harm to the person or the person's estate will 
 result from a 48-hour delay.  The court must make findings of 
 fact in its order that support such a showing.  Only under those 
 circumstances may the court appoint a special guardian or 
 conservator without notice.  Notice of an appointment must be 
 personally served on the proposed ward or conservatee.  

    (b) An appointment without notice or hearing under 
 paragraph (a) expires seven days after the court's order unless 
 the petitioner has scheduled a hearing under subdivision 2, in 
 which case the special conservatorship or special guardianship 
 remains in effect until the hearing. 

    Subd. 2b.    Adults; showing required.  Only upon a 
 clear showing of necessity may a court appoint any special 
 guardian or special conservator of an adult person, as 
 designated in section 525.54, whether or not a petition for 
 general guardianship or conservatorship has been filed.  In its 
 order, the court must make specific findings of fact 
 establishing the necessity of the appointment of the special 
 guardian or conservator.  

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

    Subd. 4.    Limited powers.  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 as 
 provided for in the powers enumerated and specified in section 
 525.56.  

    Subd. 5.    Inventory and appraisal.  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.  Except as 
 otherwise provided in this section, the appointment of a special 
 guardian or conservator may not exceed 30 days in duration.  A 
 county that is acting under section 626.557, subdivision 10, by 
 petitioning for appointment of a special guardian or conservator 
 on behalf of a vulnerable adult is not subject to this 30-day 
 limit. 

    Subd. 6.    Duration limits; exceptions.  If a petition 
 is filed requesting appointment of a general guardian or 
 conservator for a person for whom a special guardian or 
 conservator has been appointed, but a final hearing on the 
 petition cannot be held after proper notice within 30 days of 
 the appointment of the special guardian or conservator because 
 the petition becomes contested, a hearing date is not available 
 within the time limit or other good cause exists, the 
 appointment of the special guardian or conservator may be 
 extended as provided in this subdivision.  The court, on its own 
 motion or upon request of the petitioner or the special guardian 
 or conservator, may extend the appointment to the date of the 
 hearing on the petition.  At that time, if the court finds that 
 grounds for appointment of the special guardian or conservator 
 still exist, the court may further extend the appointment to the 
 date of a final decision on the petition.  If a special guardian 
 or conservator is appointed for the sole purpose of representing 
 the ward or conservatee in litigation or any other legal 
 proceeding, other than the pending guardianship or 
 conservatorship proceedings, the court may specify that the 
 appointment will last until the litigation or proceeding is 
 finally concluded. 

    Subd. 7.    Final accounting.  The power of a special 
 guardian or conservator ends and the special guardian or 
 conservator must prepare a final accounting when one of the 
 following events first occurs: 

    (1) the time specified for the special guardianship or 
 conservatorship in the court order has expired; or 

    (2) a general guardian or conservator has been appointed 
 for the ward or conservatee. 

    If 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; 1998 c 
 281 s 1