2000 Minnesota Statutes

     252A.111 Powers and duties of public guardian or 
  conservator. 

    Subdivision 1.    General.  Except as otherwise provided 
 in this section, section 525.56, subdivisions 1 to 3, apply to 
 the powers and duties of a public guardian or conservator. 

    Subd. 2.    Additional powers.  In addition to the 
 powers contained in section 525.56, subdivision 3, the powers of 
 a public guardian or those that the court may grant to a public 
 conservator 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.    Special treatment services.  The public 
 guardian shall obtain the concurrence of the local agency and 
 the chief executive officer or designee of the hospital before a 
 ward may receive outpatient services or temporary care from a 
 regional treatment center.  The ward may not receive these 
 services or care for a period exceeding 90 days in any calendar 
 year unless the ward is committed under chapter 253B.  Services 
 must be provided under an individual service plan as required 
 under rules of the commissioner.  The plans must be completed 
 within ten working days of the first admission in the calendar 
 year. 

    Subd. 4.    Appointment of guardian or conservator of the 
 estate.  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 guardian of the estate 
 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 guardian or conservator of the estate of the ward.  The 
 commissioner cannot act as guardian or conservator of the estate 
 for public wards or public conservatees. 

    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) prohibit filming a ward in any way that would reveal 
 the identity of the ward unless the commissioner determines the 
 filming to be in the best interests of the ward.  The 
 commissioner may give written consent for filming of the ward 
 after permitting and encouraging input by the nearest relative 
 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. 

    HIST: 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