2006 Minnesota Statutes

524.5-429 CLAIMS AGAINST PROTECTED PERSON.
(a) A conservator may pay, or secure by encumbering assets of the estate, claims against
the estate or against the protected person arising before or during the conservatorship upon their
presentation and allowance in accordance with the priorities stated in paragraph (d). A claimant
may present a claim by:
(1) sending or delivering to the conservator a written statement of the claim, indicating its
basis, the name and address of the claimant, and the amount claimed; or
(2) filing a written statement of the claim, in the form prescribed by rule, with the clerk of
court and sending or delivering a copy of the statement to the conservator.
(b) A claim is deemed presented on receipt of the written statement of claim by the
conservator or the filing of the claim with the court, whichever occurs first. A presented claim is
allowed if it is not disallowed by written statement sent or delivered by the conservator to the
claimant within 60 days after its presentation. The conservator before payment may change an
allowance to a disallowance in whole or in part, but not after allowance by a court order or
judgment or an order directing payment of the claim. The presentation of a claim tolls the running
of any statute of limitations relating to the claim until 30 days after its disallowance.
(c) A claimant whose claim has not been paid may petition the court for determination of the
claim at any time before it is barred by a statute of limitations and, upon due proof, procure an
order for its allowance, payment, or security by encumbering assets of the estate. If a proceeding
is pending against a protected person at the time of appointment of a conservator or is initiated
against the protected person thereafter, the moving party shall give to the conservator notice of
any proceeding that could result in creating a claim against the estate.
(d) If it appears that the estate is likely to be exhausted before all existing claims are paid, the
conservator shall distribute the estate in money or in kind in payment of claims in the following
order:
(1) costs and expenses of administration;
(2) claims of the federal or state government having priority under other law;
(3) reasonable and necessary medical, hospital, or nursing home expenses of the protected
person, including compensation of persons attending the ward, protected person, or respondent;
(4) claims incurred by the conservator for support, care, education, health, and welfare
previously provided to the protected person or individuals who are in fact dependent on the
protected person;
(5) claims arising before the conservatorship; and
(6) all other claims.
(e) Preference may not be given in the payment of a claim over any other claim of the same
class, and a claim due and payable may not be preferred over a claim not due.
(f) If assets of the conservatorship are adequate to meet all existing claims, the court, acting
in the best interest of the protected person, may order the conservator to give a mortgage or other
security on the conservatorship estate to secure payment at some future date of any or all claims.
History: 2003 c 12 art 1 s 67