2007 Minnesota Statutes

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