2006 Minnesota Statutes

524.5-406 ORIGINAL PETITION: PERSONS UNDER DISABILITY; PRELIMINARIES
TO HEARING.
(a) Upon the filing of a petition for a conservatorship or other protective order for a
respondent for reasons other than being a minor, the court shall set a date for hearing and the
court may appoint a visitor. The duties and reporting requirements of the visitor are limited to
the relief requested in the petition.
(b) A respondent has the right to be represented by counsel at any proceeding under this
article. The court shall appoint counsel to represent the respondent for the initial proceeding held
pursuant to section 524.5-408 if neither the respondent nor others provide counsel, unless in a
meeting with a visitor, the proposed respondent specifically waives the right to counsel. Counsel
must be appointed immediately after any petition under this part is served pursuant to section
524.5-404. Counsel has the full right of subpoena. In all proceedings under this part, counsel shall:
(1) consult with the respondent before any hearing;
(2) be given adequate time to prepare for all hearings; and
(3) continue to represent the respondent throughout any proceedings under section
524.5-408, provided that such appointment shall expire upon the expiration of the appeal time for
the order appointing conservator or the order dismissing a petition, or upon such other time or
event as the court may direct.
The court need not appoint counsel to represent the respondent on a voluntary petition, and
the court may remove a court-appointed attorney at any time if the court finds that the respondent
has made a knowing and intelligent waiver of the right to counsel or has obtained private counsel.
(c) The visitor shall personally serve the notice and petition upon the respondent and shall
offer to read the notice and petition to the respondent, and if so requested, the visitor shall read the
notice and petition to such person. The visitor shall also interview the respondent in person, and
to the extent that the respondent is able to understand:
(1) explain to the respondent the substance of the petition and the nature, purpose, and
effect of the proceeding;
(2) if the appointment of a conservator is requested, inform the respondent of the general
powers and duties of a conservator and determine the respondent's views regarding the proposed
conservator, the proposed conservator's powers and duties, and the scope and duration of the
proposed conservatorship;
(3) inform the respondent of the respondent's rights, including the right to employ and
consult with a lawyer at the respondent's own expense, and the right to request a court-appointed
lawyer; and
(4) inform the respondent that all costs and expenses of the proceeding, including
respondent's attorney fees, will be paid from the respondent's estate.
(d) In addition to the duties set out in paragraph (c), the visitor shall make any other
investigations the court directs.
(e) The visitor shall promptly file a report with the court which must include:
(1) recommendations regarding the appropriateness of a conservatorship, including whether
less restrictive means of intervention are available, the type of conservatorship, and, if a limited
conservatorship, the powers and duties to be granted the limited conservator, and the assets over
which the conservator should be granted authority;
(2) a statement as to whether the respondent approves or disapproves of the proposed
conservator, and the powers and duties proposed or the scope of the conservatorship; and
(3) any other matters the court directs.
(f) While a petition to establish a conservatorship or for another protective order is pending,
after preliminary hearing and without notice to others, the court may make orders to preserve
and apply the property of the respondent as may be required for the support of the respondent
or individuals who are in fact dependent upon the respondent, and may appoint an agent to
assist in that task.
History: 2003 c 12 art 1 s 46; 2004 c 146 art 2 s 5