2006 Minnesota Statutes

524.5-403 ORIGINAL PETITION FOR APPOINTMENT OR PROTECTIVE ORDER.
(a) The following may petition for the appointment of a conservator or for any other
appropriate protective order:
(1) the person to be protected;
(2) an individual interested in the estate, affairs, or welfare of the person to be protected; or
(3) a person who would be adversely affected by lack of effective management of the
property and business affairs of the person to be protected.
(b) The petition must set forth the petitioner's name, residence, current address if different,
relationship to the respondent, and interest in the appointment or other protective order, and, to the
extent known, state or contain the following with respect to the respondent and the relief requested:
(1) the respondent's name, age, principal residence, current street address, and, if different,
the address of the dwelling where it is proposed that the respondent will reside if the appointment
is made;
(2) if the petition alleges impairment in the respondent's ability to receive and evaluate
information, a brief description of the nature and extent of the respondent's alleged impairment;
(3) if the petition alleges that the respondent is missing, detained, or unable to return to
the United States, a statement of the relevant circumstances, including the time and nature
of the disappearance or detention and a description of any search or inquiry concerning the
respondent's whereabouts;
(4) the name and address of the respondent's:
(i) spouse, or if the respondent has none, an adult with whom the respondent has resided
for more than six months before the filing of the petition; and
(ii) adult children or, if the respondent has none, the respondent's parents and adult brothers
and sisters or, if the respondent has none, at least one of the adults nearest in kinship to the
respondent who can be found;
(5) the name of the administrative head and address of the institution where the respondent is
a patient, resident, or client of any hospital, nursing home, home care agency, or other institution;
(6) the name and address of any legal representative for the respondent;
(7) the name and address of any health care agent or proxy appointed pursuant to a health
care directive as defined in section 145C.01, a living will under chapter 145B, or other similar
document executed in another state and enforceable under the laws of this state;
(8) a general statement of the respondent's property with an estimate of its value, including
any insurance or pension, and the source and amount of other anticipated income or receipts; and
(9) the reason why a conservatorship or other protective order is in the best interest of
the respondent.
(c) If a conservatorship is requested, the petition must also set forth to the extent known:
(1) the name and address of any proposed conservator and the reason why the proposed
conservator should be selected;
(2) the name and address of any person nominated as conservator by the respondent if the
respondent has attained 14 years of age; and
(3) the type of conservatorship requested and, if an unlimited conservatorship, the reason
why limited conservatorship is inappropriate or, if a limited conservatorship, the property to be
placed under the conservator's control and any limitation on the conservator's powers and duties.
History: 2003 c 12 art 1 s 43