Subdivision 1. Scope. For the purposes of sections 525.54 to 525.5515; 525.56; 525.57 to 525.581; 525.583 to 525.61; 525.62; 525.63; 525.67; and 525.69, the following terms shall have the meanings given them.
Subd. 2. Guardian. "Guardian" means a person or entity who is appointed by the court to exercise all of the powers and duties designated in section 525.56 for the care of an incapacitated person or that person's estate, or both.
Subd. 3. Conservator. "Conservator" means a person appointed by the court to exercise some, but not all, of the powers designated in section 525.56 for the care of an incapacitated person or that person's estate, or both.
Subd. 4. Ward. "Ward" means an incapacitated person for whom the court has appointed a guardian.
Subd. 5. Conservatee. "Conservatee" means an incapacitated person for whom the court has appointed a conservator.
Subd. 6. Visitor. "Visitor" means a person who is trained in law, health care, or social work and is an officer, employee, or special appointee of the court with no personal interest in the proceedings.
Subd. 7. Best interests of the ward or conservatee. "Best interests of the ward or conservatee" means all relevant factors to be considered or evaluated by the court in nominating a guardian or conservator, including but not limited to:
(1) the reasonable preference of the ward or conservatee, if the court determines the ward or conservatee has sufficient capacity to express a preference;
(2) the interaction between the proposed guardian or conservator and the ward or conservatee; and
(3) the interest and commitment of the proposed guardian or conservator in promoting the welfare of the ward or conservatee and the proposed guardian's or conservator's ability to maintain a current understanding of the ward's or conservatee's physical and mental status and needs. In the case of a ward or a conservatorship of the person, welfare includes:
(i) food, clothing, shelter, and appropriate medical care;
(ii) social, emotional, religious, and recreational requirements; and
(iii) training, education, and rehabilitation.
Kinship is not a conclusive factor in determining the best interests of the ward or conservatee but should be considered to the extent that it is relevant to the other factors contained in this subdivision.
Subd. 8. Professional guardian or conservator. "Professional guardian or conservator" means a person who acts as a guardian or conservator at the same time for two or more wards or conservatees who are not related to the guardian or conservator by blood or marriage.
Official Publication of the State of Minnesota
Revisor of Statutes