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
. 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
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
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
. 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