2006 Minnesota Statutes

524.5-427 PRINCIPLES OF DISTRIBUTION BY CONSERVATOR.
(a) Unless otherwise specified in the order of appointment and endorsed on the letters
of appointment, a conservator may expend or distribute income or principal of the estate of
the protected person without further court authorization or confirmation for the support, care,
education, health, and welfare of the protected person and individuals who are in fact dependent
on the protected person, including the payment of child or spousal support, in accordance with
paragraphs (b) to (e).
(b) The conservator shall consider recommendations relating to the appropriate standard of
support, care, education, health, and welfare for the protected person or an individual who is in
fact dependent on the protected person made by a guardian, if any, and, if the protected person is a
minor, the conservator shall consider recommendations made by a parent.
(c) The conservator may not be surcharged for money paid to persons furnishing support,
care, education, or benefit to the protected person or an individual who is in fact dependent on
the protected person pursuant to the recommendations of a parent or guardian of the protected
person unless the conservator knows that the parent or guardian derives personal financial benefit
therefrom, including relief from any personal duty of support, or the recommendations are not
in the best interest of the protected person.
(d) In making distributions under this section, the conservator shall consider:
(1) the size of the estate, the estimated duration of the conservatorship, and the likelihood
that the protected person, at some future time, may be fully self-sufficient and able to manage
business affairs and the estate;
(2) the accustomed standard of living of the protected person and individuals who are in
fact dependent on the protected person; and
(3) other money or sources used for the support of the protected person.
(e) Money expended under this section may be paid by the conservator to any person,
including the protected person, to reimburse for expenditures that the conservator might have
made or in advance for services to be rendered to the protected person if it is reasonable to expect
the services will be performed and advance payments are customary or reasonably necessary
under the circumstances.
History: 2003 c 12 art 1 s 65