2006 Minnesota Statutes
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Chapter 524
Section 524.5-108
Recent History
- 2020 524.5-108 Revisor Instruction 2020 c 86 art 1 s 41
- 2003 524.5-108 New 2003 c 12 art 1 s 7
This is an historical version of this statute chapter. Also view the most recent published version.
524.5-108 VENUE.
(a) Venue for a guardianship proceeding for a minor is in the county of this state in which the
minor resides or is present at the time the proceeding is commenced.
(b) Venue for a guardianship proceeding for an incapacitated person is in the county of this
state in which the respondent resides and, if the respondent has been admitted to an institution by
order of a court of competent jurisdiction, in the county in which that court is located. Venue for
the appointment of an emergency or a temporary guardian of an incapacitated person is also in
the county in which the respondent is present.
(c) Venue for a protective proceeding is in the county of this state in which the respondent
resides, whether or not a guardian has been appointed in another place or, if the respondent does
not reside in this state, in any county of this state in which property of the respondent is located.
(d) If a proceeding under this article is brought in more than one county in this state, the
court of the county in which the proceeding is first brought has the exclusive right to proceed
unless that court determines that venue is properly in another court or that the interests of justice
otherwise require that the proceeding be transferred.
(e) If it is in the best interest of the ward or protected person, the venue may be transferred to
another county. Upon the filing of a petition by any interested person, or upon the court's own
motion, the court shall fix a time and place for the hearing on the transfer. Notice must be given to
interested persons, the district court of the county to which venue is proposed to be transferred,
and any other party the court designates. Upon proof that a transfer of venue is in the best interest
of the ward or protected person or the ward or protected person's estate, and upon settlement and
allowance of the conservator's accounts, if any, to the time of the hearing, the court shall transmit
the entire file to the court of the other county, where all subsequent proceedings must be held.
History: 2003 c 12 art 1 s 7
(a) Venue for a guardianship proceeding for a minor is in the county of this state in which the
minor resides or is present at the time the proceeding is commenced.
(b) Venue for a guardianship proceeding for an incapacitated person is in the county of this
state in which the respondent resides and, if the respondent has been admitted to an institution by
order of a court of competent jurisdiction, in the county in which that court is located. Venue for
the appointment of an emergency or a temporary guardian of an incapacitated person is also in
the county in which the respondent is present.
(c) Venue for a protective proceeding is in the county of this state in which the respondent
resides, whether or not a guardian has been appointed in another place or, if the respondent does
not reside in this state, in any county of this state in which property of the respondent is located.
(d) If a proceeding under this article is brought in more than one county in this state, the
court of the county in which the proceeding is first brought has the exclusive right to proceed
unless that court determines that venue is properly in another court or that the interests of justice
otherwise require that the proceeding be transferred.
(e) If it is in the best interest of the ward or protected person, the venue may be transferred to
another county. Upon the filing of a petition by any interested person, or upon the court's own
motion, the court shall fix a time and place for the hearing on the transfer. Notice must be given to
interested persons, the district court of the county to which venue is proposed to be transferred,
and any other party the court designates. Upon proof that a transfer of venue is in the best interest
of the ward or protected person or the ward or protected person's estate, and upon settlement and
allowance of the conservator's accounts, if any, to the time of the hearing, the court shall transmit
the entire file to the court of the other county, where all subsequent proceedings must be held.
History: 2003 c 12 art 1 s 7
Official Publication of the State of Minnesota
Revisor of Statutes