2007 Minnesota Statutes

524.5-409 FINDINGS; ORDER OF APPOINTMENT.
(a) The court may appoint a limited or unlimited conservator for a respondent only if it
finds that:
(1) by clear and convincing evidence, the individual is unable to manage property and
business affairs because of an impairment in the ability to receive and evaluate information
or make decisions, even with the use of appropriate technological assistance, or because the
individual is missing, detained, or unable to return to the United States;
(2) by a preponderance of evidence, the individual has property that will be wasted or
dissipated unless management is provided or money is needed for the support, care, education,
health, and welfare of the individual or of individuals who are entitled to the individual's support
and that protection is necessary or desirable to obtain or provide money; and
(3) the respondent's identified needs cannot be met by less restrictive means, including
use of appropriate technological assistance.
(b) Alternatively, the court, with appropriate findings, may enter any other appropriate order,
or dismiss the proceeding.
(c) The court, whenever feasible, shall grant to a conservator only those powers necessitated
by the protected person's limitations and demonstrated needs and make appointive and other
orders that will encourage the development of the protected person's maximum self-reliance and
independence.
(d) Within 14 days after an appointment, the conservator shall send or deliver to the
protected person, if the protected person has attained 14 years of age and is not missing, detained,
or unable to return to the United States, and counsel if represented at the hearing, a copy of the
order of appointment accompanied by a notice which advises the protected person of the right
to appeal the conservatorship appointment in the time and manner provided by the Rules of
Appellate Procedure.
(e) Each year, within 30 days after the anniversary date of an appointment, a conservator
shall send or deliver to the protected person a notice of the right to request termination or
modification of the conservatorship.
(f) The appointment of a conservator or the entry of another protective order is not a
determination of incapacity of the protected person.
History: 2003 c 12 art 1 s 48