2007 Minnesota Statutes

257B.06 CUSTODIAN'S AUTHORITY.
    Subdivision 1. Generally. A standby or temporary custodian may act as co-custodian or
custodian upon the occurrence of the triggering event. The commencement of the standby or
temporary custodian's authority to act as co-custodian pursuant to a determination of incapacity, a
determination of debilitation and consent, or the receipt of consent alone does not itself divest the
designator of any parental rights but confers on the standby or temporary custodian concurrent or
shared custody of the child.
    Subd. 2. Death of designator. The commencement of the standby custodian's authority
to act as custodian because of the death of the designator does not confer upon the standby
custodian more than legal and physical custody of the child as defined in chapter 518. On the
death of the designator, the standby custodian shall be appointed a guardian pursuant to sections
524.5-201 to 524.5-317. No separate petition is required. No bond or accounting is required
except as specified in this chapter.
    Subd. 3. Involvement of designator. A co-custodian shall assure frequent and continuing
contact with and physical access by the designator with the child and shall assure the involvement
of the parents, to the greatest extent possible, in decision making on behalf of the child.
    Subd. 4. Effect of filing. The designator may file a petition for approval of a designation
with the court at any time. If the petition is approved by the court before the occurrence of the
triggering event, the standby or temporary custodian's authority commences automatically upon
the occurrence of the triggering event. No further petition or confirmation is required. If a
designation has been made but the petition for approval of the designation has not been filed and
a triggering event has occurred, the standby custodian has temporary legal authority to act as a
co-custodian or custodian of the child(ren) without the direction of the court for a period of 60
days. The standby custodian must, within that period, file a petition for approval in accordance
with this chapter. If no petition is filed within 60 days, the standby custodian loses all authority to
act as co-custodian or custodian. If a petition is filed but the court does not act upon it within the
60-day period, the temporary legal authority to act as co-custodian or custodian continues until
the court orders otherwise.
    Subd. 5. Parental rights. The commencement of a co-custodian's or custodian's authority
under this chapter does not, by itself, divest a parent or legal custodian of any parental or
custodial rights.
    Subd. 6. Modification of appointment. Once a court has confirmed the designation of a
standby custodian, the appointment may be modified only under section 518.18, except that the
designator may revoke the designation under section 257B.07.
    Subd. 7. Restored capacity. If a licensed physician determines that the designator has
regained capacity, the co-custodian's authority that commenced on the occurrence of a triggering
event becomes inactive. Failure of a co-custodian to immediately return the child(ren) to the
designator's care entitles the designator to an emergency hearing within five days of a request for
a hearing.
History: 2000 c 404 s 7; 2004 c 146 art 3 s 29