2001 Minnesota Statutes

     525.619 Powers and duties of guardian of minor. 

    A guardian of a minor has the powers and responsibilities 
 of a parent who has not been deprived of custody of the minor 
 and unemancipated child, except that a guardian is not legally 
 obligated to provide from the guardian's own funds for the 
 ward.  In particular, and without qualifying the foregoing, a 
 guardian: 

    (a)  must take reasonable care of the ward's personal 
 effects and commence protective proceedings if necessary to 
 protect other property of the ward. 

    (b)  may receive money payable for the support of the ward 
 to the ward's parent, guardian or custodian under the terms of 
 any statutory benefit or insurance system, or any private 
 contract, devise, trust, conservatorship or custodianship and 
 also may receive money or property of the ward paid or delivered 
 by virtue of section 525.6196.  Any sums so received shall be 
 applied to the ward's current needs for support, care and 
 education.  The guardian must exercise due care to conserve any 
 excess for the ward's future needs unless a conservator has been 
 appointed for the estate of the ward, in which case the excess 
 shall be paid over at least annually to the conservator.  Sums 
 so received by the guardian are not to be used for compensation 
 for the guardian's services except as approved by order of court 
 or as determined by a duly appointed conservator other than the 
 guardian.  A guardian may institute proceedings to compel the 
 performance by any person of a duty to support the ward or to 
 pay sums for the welfare of the ward. 

    (c) The guardian is empowered to facilitate the ward's 
 education, social, or other activities and to authorize medical 
 or other professional care, treatment or advice.  A ward who is 
 less than 16 years of age may be admitted to a treatment 
 facility as an informal patient according to section 253B.04 but 
 may not be committed to any state institution except pursuant to 
 chapter 253B.  No guardian may give consent for psychosurgery, 
 electroshock, sterilization or experimental treatment of any 
 kind unless the procedure is first approved by the order of the 
 court, after a hearing as prescribed by section 525.56, 
 subdivision 3. 

    A guardian is not liable by reason of consent for injury to 
 the ward resulting from the negligence or acts of third persons 
 unless it would have been illegal for a parent to have 
 consented, or unless the guardian fails to comply with the 
 requirements of this section which provide that a court order is 
 necessary for commitment and for certain types of medical 
 procedures.  A guardian may consent to the marriage or adoption 
 of the ward. 

    (d) A guardian must report the condition of the ward and of 
 the ward's estate which has been subject to the guardian's 
 possession or control, as ordered by the court on its own motion 
 or on petition of any person interested in the minor's welfare 
 and as required by court rule. 

    HIST: 1980 c 493 s 34; 1981 c 313 s 16; 1983 c 216 art 1 s 75; 
 1984 c 623 s 8; 1985 c 248 s 66; 1986 c 444