2001 Minnesota Statutes

     525.539 Definitions. 

    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. 

    HIST: 1980 c 493 s 1; 1981 c 313 s 1; 1986 c 444; 1Sp1986 c 3 
 art 3 s 5; 1Sp1993 c 1 art 3 s 40; 2001 c 163 s 2