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CHAPTER 252A. DEVELOPMENTAL DISABILITY PROTECTION

Table of Sections
SectionHeadnote
252A.001APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
252A.01POLICY AND CITATION.
252A.02DEFINITIONS.
252A.03NOMINATION OF COMMISSIONER AS GUARDIAN OR CONSERVATOR.
252A.04COMPREHENSIVE EVALUATION.
252A.05COMMISSIONER'S PETITION FOR APPOINTMENT AS PUBLIC GUARDIAN OR PUBLIC CONSERVATOR.
252A.06PETITION FOR APPOINTMENT OF PUBLIC GUARDIAN OR PUBLIC CONSERVATOR.
252A.07FILING OF COMPREHENSIVE EVALUATION.
252A.08Repealed, 1987 c 185 art 2 s 5
252A.081NOTICE OF HEARING.
252A.09APPOINTMENT OF COUNSEL.
252A.10Repealed, 1987 c 185 art 2 s 5
252A.101HEARING.
252A.11Repealed, 1987 c 185 art 2 s 5
252A.111POWERS AND DUTIES OF PUBLIC GUARDIAN OR CONSERVATOR.
252A.12APPOINTMENT OF CONSERVATOR NOT A FINDING OF INCOMPETENCY.
252A.13Repealed, 1987 c 185 art 2 s 5
252A.14COMMISSIONER AS ADVISOR.
252A.15Repealed, 1987 c 185 art 2 s 5
252A.16ANNUAL REVIEW.
252A.17EFFECT OF SUCCESSION IN OFFICE.
252A.171TRANSFER OF VENUE.
252A.18Repealed, 1987 c 185 art 2 s 5
252A.19MODIFICATION OF CONSERVATORSHIP; RESTORATION TO LEGAL CAPACITY.
252A.20COSTS OF HEARINGS.
252A.21GENERAL PROVISIONS.
252A.001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3
252A.01 POLICY AND CITATION.
    Subdivision 1. Policy. (a) It is the policy of the state of Minnesota to provide a coordinated
approach to the supervision, protection, and habilitation of its adult developmentally disabled
citizens. In furtherance of this policy, sections 252A.01 to 252A.21 are enacted to authorize the
commissioner of human services to:
(1) supervise those adult developmentally disabled citizens who are unable to fully provide
for their own needs and for whom no qualified person is willing and able to seek guardianship or
conservatorship under sections 524.5-101 to 524.5-502; and
(2) to protect adult developmentally disabled persons from violation of their human and
civil rights by assuring that they receive the full range of needed social, financial, residential,
and habilitative services to which they are lawfully entitled.
(b) Public guardianship or conservatorship is the most restrictive form of guardianship or
conservatorship and should be imposed only when no other acceptable alternative is available.
    Subd. 2. Citation. Sections 252A.01 to 252A.21 may be cited as the "Public Guardianship
for Adults with Developmental Disabilities Act."
History: 1975 c 208 s 1; 1984 c 654 art 5 s 58; 1987 c 185 art 1 s 1; 2004 c 146 art 3
s 14; 2005 c 56 s 1
252A.02 DEFINITIONS.
    Subdivision 1. Scope. For the purposes of sections 252A.01 to 252A.21 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
commissioner's designees.
    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 252A.111.
    Subd. 8. Public conservator. "Public conservator" means the commissioner of human
services when exercising some, but not all the powers designated in section 252A.111.
    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
commissioner;
(ii) the most current individual service plan under section 256B.092, subdivision 1b; and
(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 252A.05.
    Subd. 13. Case manager. "Case manager" means the person designated under section
256B.092.
    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
the proceedings.
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
252A.03 NOMINATION OF COMMISSIONER AS GUARDIAN OR CONSERVATOR.
    Subdivision 1. Nomination of guardian or conservator. The commissioner may be
nominated in a sworn written request by any one of the following to act as guardian for any
developmentally disabled person:
(a) an interested person;
(b) the guardian of the developmentally disabled person to act as successor;
(c) the developmentally disabled person.
    Subd. 2. Acceptance or rejection. The commissioner shall accept or reject the nomination
in writing within 20 working days of the receipt of a comprehensive evaluation provided for in
section 252A.04. The commissioner's acceptance shall be binding upon the commissioner and
successors. Acceptance of a nomination shall confer no authority on the commissioner unless
affirmed at a judicial hearing. Rejection of a nomination by the commissioner shall not bar the
filing of a petition pursuant to section 252A.06.
    Subd. 3. Standard for acceptance. The commissioner shall accept the nomination if the
comprehensive evaluation concludes that:
(1) the person alleged to have developmental disability is, in fact, developmentally disabled;
(2) the person is in need of the supervision and protection of a conservator or guardian; and
(3) no qualified person is willing to assume guardianship or conservatorship under sections
524.5-101 to 524.5-502.
    Subd. 4. Alternatives. Public guardianship or conservatorship may be imposed only when no
acceptable, less restrictive form of guardianship or conservatorship is available. The commissioner
shall seek parents, near relatives, and other interested persons to assume guardianship for persons
with developmental disabilities who are currently under public guardianship. If a person seeks
to become a guardian or conservator, costs to the person may be reimbursed under section
524.5-502. The commissioner must provide technical assistance to parents, near relatives, and
interested persons seeking to become guardians or conservators.
History: 1975 c 208 s 3; 1977 c 415 s 1; 1986 c 444; 1987 c 185 art 1 s 12,13; 1989 c 282
art 6 s 23; 2004 c 146 art 3 s 15; 2005 c 10 art 4 s 8,9; 2005 c 56 s 1
252A.04 COMPREHENSIVE EVALUATION.
    Subdivision 1. Local agency. Upon receipt of a written nomination, the commissioner shall
promptly order the local agency of the county in which the proposed ward resides to coordinate or
arrange for a comprehensive evaluation of the proposed ward.
    Subd. 2. Medication; treatment. A proposed ward who, at the time the comprehensive
evaluation is to be performed, has been under medical care shall not be so under the influence or
so suffer the effects of drugs, medication, or other treatment as to be hampered in the testing or
evaluation process. When in the opinion of the licensed physician attending the proposed ward,
the discontinuance of medication or other treatment is not in the proposed ward's best interest,
the physician shall record a list of all drugs, medication or other treatment which the proposed
ward received 48 hours immediately prior to any examination, test or interview conducted in
preparation for the comprehensive evaluation.
    Subd. 3. Time. The local agency shall prepare and forward the comprehensive evaluation to
the commissioner within 90 days of the date the commissioner orders the evaluation.
    Subd. 4. File. The comprehensive evaluation shall be kept on file at the Department of
Human Services and shall be open to the inspection of the proposed ward and such other persons
as may be given permission by the commissioner.
History: 1975 c 208 s 4; 1977 c 415 s 2; 1984 c 654 art 5 s 58; 1986 c 444; 1987 c 185 art
1 s 14,15
252A.05 COMMISSIONER'S PETITION FOR APPOINTMENT AS PUBLIC GUARDIAN
OR PUBLIC CONSERVATOR.
In every case in which the commissioner agrees to accept a nomination, the local agency,
within 20 working days of receipt of the commissioner's acceptance, shall petition on behalf of the
commissioner in the county or court of the county of residence of the developmentally disabled
person for appointment to act as public conservator or public guardian of the developmentally
disabled person.
History: 1975 c 208 s 5; 1986 c 444; 1987 c 185 art 1 s 16; 1995 c 189 s 8; 1996 c 277 s
1; 2005 c 56 s 1
252A.06 PETITION FOR APPOINTMENT OF PUBLIC GUARDIAN OR PUBLIC
CONSERVATOR.
    Subdivision 1. Who may file. The commissioner, the local agency, a developmentally
disabled person or any parent, spouse or relative of a developmentally disabled person may file
a verified petition alleging that the appointment of a public conservator or public guardian is
required.
    Subd. 2. Contents. The petition shall set forth:
(1) the name and address of the petitioner, and, in the case of a petition brought by a person
other than the commissioner, whether the petitioner is a parent, spouse, or relative of the proposed
ward;
(2) whether the commissioner has accepted a nomination to act as public conservator or
public guardian;
(3) the name, address, and date of birth of the proposed ward;
(4) the names and addresses of the nearest relatives and spouse, if any, of the proposed ward;
(5) the probable value and general character of the proposed ward's real and personal
property and the probable amount of the proposed ward's debts;
(6) the facts supporting the establishment of public conservatorship or guardianship,
including that no family member or other qualified individual is willing to assume guardianship or
conservatorship responsibilities under sections 524.5-101 to 524.5-502; and
(7) if conservatorship is requested, the powers the petitioner believes are necessary to protect
and supervise the proposed conservatee.
History: 1975 c 208 s 6; 1986 c 444; 1987 c 185 art 1 s 17; 2004 c 146 art 3 s 16; 2005 c
56 s 1
252A.07 FILING OF COMPREHENSIVE EVALUATION.
    Subdivision 1. With petition. When a petition is brought by the commissioner or local
agency, a copy of the comprehensive evaluation shall be filed with the petition. If a petition is
brought by a person other than the commissioner or local agency and a comprehensive evaluation
has been prepared within a year of the filing of the petition, the local agency shall forward a
copy of the comprehensive evaluation to the court upon notice of the filing of the petition. If a
comprehensive evaluation has not been prepared within a year of the filing of the petition, the
local agency, upon notice of the filing of the petition, shall arrange for a comprehensive evaluation
to be prepared and forwarded to the court within 90 days.
    Subd. 2. Copies. A copy of the comprehensive evaluation shall be made available by the
court to the proposed ward, the proposed ward's counsel, the county attorney, the attorney
general and the petitioner.
    Subd. 3. Evaluation required; exception. No action for the appointment of a public
guardian may proceed to hearing unless a comprehensive evaluation has been first filed with the
court; provided, however, that an action may proceed and a guardian appointed if the director of
the local agency responsible for conducting the comprehensive evaluation has filed an affidavit
that the proposed ward refused to participate in the comprehensive evaluation and the court finds
on the basis of clear and convincing evidence that the proposed ward is developmentally disabled
and in need of the supervision and protection of a guardian.
History: 1975 c 208 s 7; 1977 c 415 s 3; 1986 c 444; 1987 c 185 art 1 s 18,19; 2005 c 56 s 1
252A.08 [Repealed, 1987 c 185 art 2 s 5]
252A.081 NOTICE OF HEARING.
    Subdivision 1. General. Except as otherwise provided in this section, sections 524.5-113,
524.5-205, and 524.5-304 apply to a notice of hearing for public guardianship.
    Subd. 2. Service of notice. Service of notice on the ward or proposed ward must be made
by a nonuniformed person. To the extent possible, the process server or visitor shall explain the
document's meaning to the proposed ward. In addition to the persons required to be served under
sections 524.5-113, 524.5-205, and 524.5-304, the mailed notice of the hearing must be served on
the commissioner, the local agency, and the county attorney.
    Subd. 3. Attorney. In place of the notice of attorney provisions in sections 524.5-205 and
524.5-304, the notice must state that the court will appoint an attorney for the proposed ward
unless an attorney is provided by other persons.
    Subd. 4. Service of petition on commissioner. When a petition has been filed by a person
other than the commissioner, the court shall promptly forward a copy of the petition and any other
documents filed with or issued by the court to the commissioner.
    Subd. 5. Defective notice of service. A defect in the service of notice or process, other
than personal service upon the proposed ward or conservatee or service upon the commissioner
and local agency within the time allowed and the form prescribed in this section and
sections 524.5-113, 524.5-205, and 524.5-304, does not invalidate any public guardianship or
conservatorship proceedings.
History: 1987 c 185 art 1 s 20; 2004 c 146 art 3 s 17
252A.09 APPOINTMENT OF COUNSEL.
    Subdivision 1. Attorney appointment. Upon the filing of the petition, the court shall appoint
an attorney for the proposed ward, unless such counsel is provided by others.
    Subd. 2. Representation. Counsel shall visit with and, to the extent possible, consult with
the proposed ward prior to the hearing and shall be given adequate time to prepare therefor.
Counsel shall be given the full right of subpoena and shall be supplied with a copy of all
documents filed with or issued by the court.
History: 1975 c 208 s 9
252A.10 [Repealed, 1987 c 185 art 2 s 5]
252A.101 HEARING.
    Subdivision 1. General. Except as otherwise provided in this section, sections 524.5-101 to
524.5-502 apply to public guardianship hearings.
    Subd. 2. Waiver of presence. The proposed ward may waive the right to be present at the
hearing only if the proposed ward has met with counsel and specifically waived the right to appear.
    Subd. 3. Medical care. If, at the time of the hearing, the proposed ward has been under
medical care, the ward has the same rights regarding limitation on the use of drugs, medication, or
other treatment before the hearing that are available under section 252A.04, subdivision 2.
    Subd. 4. County attorney. The county attorney shall appear and represent the petitioner
upon the request of the court or the petitioner. The petitioner must be notified of the right to
request that the county attorney appear. The attorney general may appear and represent the
commissioner in any proceedings brought under this chapter.
    Subd. 5. Findings. (a) In all cases the court shall make specific written findings of fact,
conclusions of law, and direct entry of an appropriate judgment or order. The court shall order the
appointment of the commissioner as guardian or conservator if it finds that:
(1) the proposed ward or conservatee is a developmentally disabled person as defined
in section 252A.02, subdivision 2;
(2) the proposed ward or conservatee is incapable of exercising specific legal rights, which
must be enumerated in its findings;
(3) the proposed ward or conservatee is in need of the supervision and protection of a
guardian or conservator; and
(4) no appropriate alternatives to public guardianship or public conservatorship exist that
are less restrictive of the person's civil rights and liberties, such as appointing a guardian or
conservator under sections 524.5-101 to 524.5-502.
(b) The court shall grant the specific powers that are necessary for the commissioner to act as
public guardian or conservator on behalf of the ward or conservatee.
    Subd. 6. Notice of order; appeal. A copy of the order shall be served by mail upon the ward
or conservatee and the ward's counsel. The order must be accompanied by a notice that advises
the ward or conservatee of the right to appeal the guardianship or conservatorship appointment
within 30 days.
    Subd. 7. Letters of guardianship. Letters of guardianship or conservatorship must be issued
by the court and contain:
(1) the name, address, and telephone number of the ward or conservatee; and
(2) the powers to be exercised on behalf of the ward or conservatee.
The letters must be served by mail upon the ward or conservatee, the ward's counsel, the
commissioner, and the local agency.
    Subd. 8. Dismissal. If upon the completion of the hearing and consideration of the record,
the court finds that the proposed ward is not developmentally disabled or is developmentally
disabled but not in need of the supervision and protection of a conservator or guardian, it shall
dismiss the application and shall notify the proposed ward, the ward's counsel, and the petitioner.
History: 1987 c 185 art 1 s 21; 1Sp1993 c 1 art 3 s 16; 2005 c 10 art 4 s 10,11; 2005 c 56 s 1
252A.11 [Repealed, 1987 c 185 art 2 s 5]
252A.111 POWERS AND DUTIES OF PUBLIC GUARDIAN OR CONSERVATOR.
    Subdivision 1. General. Except as otherwise provided in this section, sections 524.5-207
and 524.5-313, apply to the powers and duties of a public guardian.
    Subd. 2. Additional powers. In addition to the powers contained in sections 524.5-207 and
524.5-313, the powers of a public guardian that the court may grant include:
(1) the power to permit or withhold permission for the ward to marry;
(2) the power to begin legal action or defend against legal action in the name of the ward; and
(3) the power to consent to the adoption of the ward as provided in section 259.24.
    Subd. 3.[Repealed, 1Sp2001 c 9 art 13 s 29]
    Subd. 4. Appointment of conservator. If the ward has a personal estate beyond that which is
necessary for the ward's personal and immediate needs, the commissioner shall determine whether
a conservator should be appointed. The commissioner shall consult with the parents, spouse, or
nearest relative of the ward. The commissioner may petition the court for the appointment of a
private conservator of the ward. The commissioner cannot act as conservator for public wards or
public protected persons.
    Subd. 5. Local agencies. The commissioner may carry out the powers and duties prescribed
by this chapter directly or through local agencies.
    Subd. 6. Special duties. In exercising powers and duties under this chapter, the commissioner
shall:
(1) maintain close contact with the ward, visiting at least twice a year;
(2) protect and exercise the legal rights of the ward;
(3) take actions and make decisions on behalf of the ward that encourage and allow the
maximum level of independent functioning in a manner least restrictive of the ward's personal
freedom consistent with the need for supervision and protection; and
(4) permit and encourage maximum self-reliance on the part of the ward and permit and
encourage input by the nearest relative of the ward in planning and decision making on behalf of
the ward.
History: 1987 c 185 art 1 s 22; 1988 c 532 s 10; 1991 c 292 art 6 s 58 subd 2; 1Sp1993
c 1 art 3 s 17; 1995 c 189 s 8; 1996 c 277 s 1; 1Sp2001 c 9 art 13 s 10; 2002 c 379 art 1 s
113; 2004 c 146 art 3 s 18
252A.12 APPOINTMENT OF CONSERVATOR NOT A FINDING OF INCOMPETENCY.
An appointment of the commissioner as conservator shall not constitute a judicial finding
that the developmentally disabled person is legally incompetent except for the restrictions which
the conservatorship places on the conservatee. The appointment of a conservator shall not deprive
the conservatee of the right to vote.
History: 1975 c 208 s 12; 2005 c 56 s 1
252A.13 [Repealed, 1987 c 185 art 2 s 5]
252A.14 COMMISSIONER AS ADVISOR.
The commissioner, acting through the local agency, shall seek out those developmentally
disabled persons who are in need of guardianship and shall advise them as to the availability of
suitable services and assistance. The provision of advice and guidance may be made without prior
appointment by a court and shall not be dependent upon a finding of incompetency. The provision
of services by the commissioner does not authorize the care, treatment, supervision, or any control
over any developmentally disabled person.
History: 1975 c 208 s 14; 1987 c 185 art 1 s 23; 2005 c 56 s 1
252A.15 [Repealed, 1987 c 185 art 2 s 5]
252A.16 ANNUAL REVIEW.
    Subdivision 1. Review required. The commissioner shall require an annual review of the
physical, mental, and social adjustment and progress of every ward and conservatee. A copy of
this review shall be kept on file at the Department of Human Services and may be inspected by
the ward or conservatee, the ward's or conservatee's parents, spouse, or relatives and other persons
who receive the permission of the commissioner. The review shall contain information required
under Minnesota Rules, part 9525.3065, subpart 1.
    Subd. 2. Assessment of need for continued guardianship. The commissioner shall annually
review the legal status of each ward in light of the progress indicated in the annual review. If the
commissioner determines the ward is no longer in need of public guardianship or conservatorship
or is capable of functioning under a less restrictive conservatorship, the commissioner or local
agency shall petition the court pursuant to section 252A.19 to restore the ward to capacity or for
a modification of the court's previous order.
History: 1975 c 208 s 16; 1984 c 654 art 5 s 58; 1986 c 444; 1987 c 185 art 1 s 24; 1Sp2001
c 9 art 13 s 11; 2002 c 379 art 1 s 113
252A.17 EFFECT OF SUCCESSION IN OFFICE.
The appointment by the court of the commissioner of human services as public conservator
or guardian shall be by the title of the commissioner's office. The authority of the commissioner as
public conservator or guardian shall cease upon the termination of the commissioner's term of
office and shall vest in a successor or successors in office without further court proceedings.
History: 1975 c 208 s 17; 1984 c 654 art 5 s 58; 1986 c 444; 1987 c 185 art 1 s 25
252A.171 TRANSFER OF VENUE.
Section 524.5-108 applies to the transfer of venue in proceedings under this chapter. Notice
of a transfer of venue petition must be given to the persons and in the manner required by section
252A.081.
History: 1987 c 185 art 1 s 26; 2004 c 146 art 3 s 19
252A.18 [Repealed, 1987 c 185 art 2 s 5]
252A.19 MODIFICATION OF CONSERVATORSHIP; RESTORATION TO LEGAL
CAPACITY.
    Subdivision 1. Commissioner to serve. The commissioner shall serve as public guardian
with all the powers awarded pursuant to the guardianship, until termination or modification by
the court.
    Subd. 2. Petition. The commissioner, ward, or any interested person may petition the
appointing court or the court to which venue has been transferred for an order to remove the
guardianship or to limit or expand the powers of the guardianship or to appoint a guardian or
conservator under sections 524.5-101 to 524.5-502 or to restore the ward or protected person to
full legal capacity or to review de novo any decision made by the public guardian or public
conservator for or on behalf of a ward or protected person or for any other order as the court
may deem just and equitable.
    Subd. 3. Notice of time and place. Upon the filing of the petition the court shall fix the time
and place for the hearing. Notice of the filing of the petition and of the hearing shall be provided
in the manner set forth in section 252A.081.
    Subd. 4. Comprehensive evaluation. The commissioner shall, at the court's request, arrange
for the preparation of a comprehensive evaluation of the ward or protected person.
    Subd. 5. Court order. Upon proof of the allegations of the petition the court shall enter an
order removing the guardianship or limiting or expanding the powers of the guardianship or
restoring the ward or protected person to full legal capacity or may enter such other order as the
court may deem just and equitable.
    Subd. 6. County attorney participation. The county attorney may attend the hearing and
may oppose the petition in the court and in the appellate courts if the county attorney deems it
for the best interest of the public.
    Subd. 7. Attorney general's role; commissioner's role. The attorney general may appear
and represent the commissioner in such proceedings. The commissioner shall support or oppose
the petition if the commissioner deems such action necessary for the protection and supervision of
the ward or protected person.
    Subd. 8. Court appointed counsel. In all such proceedings, the protected person or ward
shall be afforded an opportunity to be represented by counsel, and if neither the protected person
or ward nor others provide counsel the court shall appoint counsel to represent the protected
person or ward.
    Subd. 9. Costs for private guardianship. In proceedings where private guardianship or
conservatorship is being sought under sections 524.5-101 to 524.5-502, costs are reimbursable
under section 524.5-502.
History: 1975 c 208 s 19; 1986 c 444; 1987 c 185 art 1 s 27-30; 1995 c 189 s 8; 1996 c 277
s 1; 1Sp2001 c 9 art 13 s 12; 2002 c 379 art 1 s 113; 2004 c 146 art 3 s 20
252A.20 COSTS OF HEARINGS.
    Subdivision 1. Witness and attorney fees. In each proceeding under sections 252A.01 to
252A.21, the court shall allow and order paid to each witness subpoenaed the fees and mileage
prescribed by law; to each physician, psychologist, or social worker who assists in the preparation
of the comprehensive evaluation and who is not in the employ of the local agency or the state
Department of Human Services, a reasonable sum for services and for travel; and to the ward's
counsel, when appointed by the court, a reasonable sum for travel and for each day or portion of a
day actually employed in court or actually consumed in preparing for the hearing. Upon order the
county auditor shall issue a warrant on the county treasurer for payment of the amount allowed.
    Subd. 2. Expenses. When the settlement of the ward is found to be in another county, the
court shall transmit to the county auditor a statement of the expenses incurred pursuant to
subdivision 1. The auditor shall transmit the statement to the auditor of the county of the ward's
settlement and this claim shall be paid as other claims against that county. If the auditor to whom
this claim is transmitted denies the claim, the auditor shall transmit it, together with the objections
thereto, to the commissioner, who shall determine the question of settlement and certify findings
to each auditor. If the claim is not paid within 30 days after such certification, an action may be
maintained thereon in the district court of the claimant county.
    Subd. 3. Change of venue; cost of proceedings. Whenever venue of a proceeding has been
transferred under sections 252A.01 to 252A.21, the costs of such proceedings shall be reimbursed
to the county of the ward's settlement by the state.
History: 1975 c 208 s 20; 1984 c 654 art 5 s 58; 1986 c 444; 1987 c 185 art 1 s 31; 1Sp2001
c 9 art 13 s 13; 2002 c 379 art 1 s 113
252A.21 GENERAL PROVISIONS.
    Subdivision 1. Appeal. The commissioner may appeal from an order of the court entered
under sections 252A.01 to 252A.21 to the court of appeals in the manner prescribed by sections
525.71 to 525.731, for appeals by the state. Any persons, other than the commissioner, aggrieved
by an order of the court entered under sections 252A.01 to 252A.21, may appeal to the Court of
Appeals in the manner prescribed by sections 525.71 to 525.731.
    Subd. 2. Rules. The commissioner shall adopt rules to implement this chapter. The rules
must include standards for performance of guardianship or conservatorship duties including, but
not limited to: twice a year visits with the ward; quarterly reviews of records from day, residential,
and support services; a requirement that the duties of guardianship or conservatorship and case
management not be performed by the same person; specific standards for action on "do not
resuscitate" orders, sterilization requests, and the use of psychotropic medication and aversive
procedures.
    Subd. 3. Terminology. Whenever the term "guardian" is used in sections 252A.01 to
252A.21, it shall include "conservator," and the term "ward" shall include "conservatee" unless
another intention clearly appears from the context.
    Subd. 4. Private guardianships and conservatorships. Nothing in sections 252A.01 to
252A.21 shall impair the right of individuals to establish private guardianships or conservatorships
in accordance with applicable law.
History: 1975 c 208 s 21; 1983 c 247 s 105; 1985 c 248 s 70; 1986 c 444; 1987 c 185
art 1 s 32