2007 Minnesota Statutes

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