2001 Minnesota Statutes

     252A.19 Modification of conservatorship; restoration to 
  legal capacity. 

    Subdivision 1.    Commissioner to serve.  The 
 commissioner shall serve as public guardian or conservator with 
 all the powers awarded pursuant to the guardianship or 
 conservatorship, until termination or modification by the court. 

    Subd. 2.    Petition.  The commissioner, ward, or any 
 interested person may petition the appointing court or the court 
 to which venue has been transferred for an order to remove the 
 guardianship or to limit or expand the powers of the 
 conservatorship or to appoint a guardian or conservator under 
 sections 525.539 to 525.705 or to restore the ward or 
 conservatee to full legal capacity or to review de novo any 
 decision made by the public guardian or public conservator for 
 or on behalf of a ward or conservatee or for any other order as 
 the court may deem just and equitable.  Section 525.61, 
 subdivision 3, does not apply to a petition to remove a public 
 guardian. 

    Subd. 3.    Notice of time and place.  Upon the filing 
 of the petition the court shall fix the time and place for the 
 hearing.  Notice of the filing of the petition and of the 
 hearing shall be provided in the manner set forth in section 
 252A.081. 

    Subd. 4.  The commissioner shall, at the court's request, 
 arrange for the preparation of a comprehensive evaluation of the 
 ward or conservatee.  

    Subd. 5.  Upon proof of the allegations of the petition the 
 court shall enter an order removing the guardianship or limiting 
 or expanding the powers of the conservatorship or restoring the 
 ward or conservatee to full legal capacity or may enter such 
 other order as the court may deem just and equitable.  

    Subd. 6.  The county attorney may attend the hearing and 
 may oppose the petition in the court and in the appellate courts 
 if the county attorney deems it for the best interest of the 
 public. 

    Subd. 7.  The attorney general may appear and represent the 
 commissioner in such proceedings.  The commissioner shall 
 support or oppose the petition if the commissioner deems such 
 action necessary for the protection and supervision of the ward 
 or conservatee.  

    Subd. 8.  In all such proceedings, the conservatee or ward 
 shall be afforded an opportunity to be represented by counsel, 
 and if neither the conservatee or ward nor others provide 
 counsel the court shall appoint counsel to represent the 
 conservatee or ward.  

    Subd. 9.    Costs for private guardianship.  In 
 proceedings where private guardianship or conservatorship is 
 being sought under sections 525.539 to 525.705, costs are 
 reimbursable under section 525.703, subdivision 3, paragraph (b).

    HIST: 1975 c 208 s 19; 1986 c 444; 1987 c 185 art 1 s 27-30; 
 1995 c 189 s 8; 1996 c 277 s 1; 1Sp2001 c 9 art 13 s 12