2002 Minnesota Statutes

     525.55 Notice of hearing. 

    Subdivision 1.    Time of notice; to whom given.  In all 
 cases, upon the filing of the petition the court shall fix the 
 time and place for the hearing and shall order that notice be 
 given of the hearing.  At least 14 days prior to the hearing, 
 personal service of the notice shall be made upon the proposed 
 ward or conservatee.  Notice by mail postmarked at least 14 days 
 before the hearing shall also be served on: 

    (1) the spouse, parents, adult children, brothers and 
 sisters; 

    (2) a health care agent or proxy appointed pursuant to a 
 health care directive as defined in section 145C.01, a living 
 will under chapter 145B, or other similar document executed in 
 another state and enforceable under the laws of this state; and 

    (3) if none of those in clause (1) or (2) are alive or can 
 be located, on the nearest kindred as determined by the court, 
 and on any other persons the court may direct. 

    If the person is a patient, resident, or client of any 
 hospital, nursing home, home care agency, or other institution, 
 notice by mail shall also be given to the administrative head of 
 the institution.  If the person is a nonresident or if after 
 diligent search cannot be found in this state, notice shall be 
 given in the manner and to those persons as the court may 
 determine. 

    Subd. 2.    Form; service.  The notice shall be written 
 in language which can be easily understood.  Included with the 
 notice shall be a copy of the petition.  The notice shall 
 contain information regarding the nature, purpose and legal 
 effects of the guardianship or conservatorship proceedings on 
 the proposed ward or conservatee.  The notice shall state that 
 the person may be adjudged incapable of self care for person or 
 property, and by reason thereof, a guardian or conservator may 
 be appointed, and that the adjudication may transfer to the 
 appointed guardian or conservator certain rights, including the 
 right to manage and control property, to enter into contracts 
 and to determine residence.  The notice shall further contain 
 information regarding the rights of the proposed ward or 
 conservatee in the proceeding, including the right to attend the 
 hearing, to be represented by an attorney, to oppose the 
 proceeding, and to present evidence.  The notice shall state 
 that if the proposed ward or conservatee wishes to exercise the 
 right to be represented by an attorney, that person must either 
 obtain counsel of choice, or ask the court to appoint an 
 attorney to represent that person, and that the county shall pay 
 a reasonable attorney's fee if that person is indigent.  The 
 procedure for requesting a court appointed attorney shall be 
 described in the notice.  If the proposed ward or conservatee is 
 a patient, resident, or client of any hospital, nursing home, 
 home care agency, or other institution, the notice must further 
 require the institution to advise the court of the existence, if 
 known, of a health care directive, as defined in section 
 145C.01, executed by the proposed ward or conservatee, a living 
 will executed under chapter 145B, or any other similar document 
 executed in another state and enforceable under the laws of this 
 state. 

    The process server shall inquire whether the proposed ward 
 or conservatee desires the notice and petition to be read to 
 that person, and shall read the notice and petition if requested 
 to do so.  In place of a process server, the court may appoint a 
 visitor to deliver the notice and petition and explain them to 
 the proposed ward or conservatee.  

    Subd. 3.    Defective notice or service.  A defect in 
 the service of notice or process, other than personal service 
 upon the proposed ward or conservatee within the time allowed 
 and the form prescribed in subdivisions 1 and 2, shall not 
 invalidate any guardianship or conservatorship proceedings. 

    HIST: (8992-133) 1935 c 72 s 133; 1973 c 618 s 6; 1980 c 493 s 
 7; 1981 c 313 s 6; 1982 c 472 s 2,3; 1986 c 444; 1998 c 399 s 
 32,33