Subdivision 1. Scope.
For the purposes of sections
the terms defined in
this section have the meanings given them.
Subd. 2. Developmentally disabled person.
"Developmentally disabled person" refers to
any person age 18 or older who has been diagnosed as having significantly subaverage intellectual
functioning existing concurrently with demonstrated deficits in adaptive behavior such as to
require supervision and protection for the person's welfare or the public welfare.
Subd. 3. Commissioner.
"Commissioner" means the commissioner of human services or the
Subd. 3a. Guardianship service providers.
"Guardianship service providers" are individuals
or agencies that meet the ethical conduct and best practice standards of the National Guardianship
Association, meet the criminal background check requirements of chapter 245C, and do not
provide any other services to the individuals for whom guardianship services are provided.
Subd. 4. Regional center.
"Regional center" means a state-operated facility for persons
with mental illness, developmental disabilities, or chemical dependency that is under the direct
administrative authority of the commissioner.
Subd. 5. Licensed physician.
"Licensed physician" means a person licensed under the laws
of Minnesota to practice medicine or a medical officer of the government of the United States
while in Minnesota in performance of official duties.
Subd. 6. Near relative.
"Near relative" means a spouse, parent, adult sibling, or adult child.
Subd. 7. Public guardian.
"Public guardian" means the commissioner of human services
when exercising all the powers designated in section
Subd. 8. Public conservator.
"Public conservator" means the commissioner of human
services when exercising some, but not all the powers designated in section
Subd. 9. Ward.
"Ward" means a developmentally disabled person for whom the court has
appointed a public guardian.
Subd. 10. Conservatee.
"Conservatee" means a developmentally disabled person for whom
the court has appointed a public conservator.
Subd. 11. Interested person.
"Interested person" means an interested responsible adult,
including, but not limited to, a public official, guardian, spouse, parent, adult sibling, legal
counsel, adult child, or next of kin of an allegedly developmentally disabled person.
Subd. 12. Comprehensive evaluation.
"Comprehensive evaluation" shall consist of:
(1) a medical report on the health status and physical condition of the proposed ward,
prepared under the direction of a licensed physician;
(2) a report on the proposed ward's intellectual capacity and functional abilities, specifying
the tests and other data used in reaching its conclusions, prepared by a psychologist who is
qualified in the diagnosis of developmental disability; and
(3) a report from the case manager that includes:
(i) the most current assessment of individual service needs as described in rules of the
(ii) the most current individual service plan under section
256B.092, subdivision 1b
(iii) a description of contacts with and responses of near relatives of the proposed ward
notifying them that a nomination for public guardianship has been made and advising them that
they may seek private guardianship.
Each report shall contain recommendations as to the amount of assistance and supervision
required by the proposed ward to function as independently as possible in society. To be
considered part of the comprehensive evaluation, reports must be completed no more than one
year before filing the petition under section
Subd. 13. Case manager.
"Case manager" means the person designated under section
Subd. 14. Local agency.
"Local agency" means the agency designated by the county board of
commissioners, human services boards, local social services agencies in the several counties of the
state, or multicounty local social services agencies where those have been established under law.
Subd. 15. 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
History: 1975 c 208 s 2; 1984 c 654 art 5 s 58; 1986 c 444; 1987 c 185 art 1 s 2-11; 1994 c
631 s 31; 1Sp2001 c 9 art 13 s 7-9; 2002 c 379 art 1 s 113; 2003 c 15 art 1 s 33; 2005 c 56 s 1