HF 166

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to probate; adopting article 5 of the Uniform 
  1.3             Probate Code relating to guardianship and 
  1.4             conservatorship; amending Minnesota Statutes 2002, 
  1.5             sections 245A.041; 524.2-502; 524.3-203; proposing 
  1.6             coding for new law in Minnesota Statutes, chapter 524; 
  1.7             repealing Minnesota Statutes 2002, sections 524.5-505; 
  1.8             525.539; 525.54; 525.541; 525.542; 525.543; 525.544; 
  1.9             525.545; 525.55; 525.5501; 525.551; 525.5515; 525.552; 
  1.10            525.56; 525.561; 525.562; 525.57; 525.58; 525.581; 
  1.11            525.582; 525.583; 525.59; 525.591; 525.60; 525.61; 
  1.12            525.615; 525.6155; 525.616; 525.6165; 525.617; 
  1.13            525.6175; 525.618; 525.6185; 525.619; 525.6192; 
  1.14            525.6194; 525.6195; 525.6196; 525.6197; 525.6198; 
  1.15            525.6199; 525.62; 525.63; 525.64; 525.641; 525.642; 
  1.16            525.65; 525.651; 525.652; 525.66; 525.661; 525.662; 
  1.17            525.67; 525.68; 525.69; 525.691; 525.692; 525.70; 
  1.18            525.702; 525.703; 525.705. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20                             ARTICLE 1
  1.21                        ADOPTION OF UNIFORM
  1.22            GUARDIANSHIP AND PROTECTIVE PROCEEDINGS ACT
  1.23                               PART 1
  1.24                         GENERAL PROVISIONS
  1.25     Section 1.  [524.5-101] [SHORT TITLE.] 
  1.26     Sections 524.5-101 to 524.5-502 may be cited as the Uniform 
  1.27  Guardianship and Protective Proceedings Act. 
  1.28     Sec. 2.  [524.5-102] [DEFINITIONS.] 
  1.29     Subdivision 1.  [SCOPE.] As used in sections 524.5-101 to 
  1.30  524.5-502, the terms defined in this section have the meanings 
  1.31  given them. 
  1.32     Subd. 2.  [CLAIM.] "Claim," with respect to a protected 
  2.1   person, includes a claim against an individual, whether arising 
  2.2   in contract, tort, or otherwise, and a claim against an estate 
  2.3   which arises at or after the appointment of a conservator, 
  2.4   including expenses of administration. 
  2.5      Subd. 3.  [CONSERVATOR.] "Conservator" means a person who 
  2.6   is appointed by a court to manage the estate of a protected 
  2.7   person and includes a limited conservator. 
  2.8      Subd. 4.  [COURT.] "Court" means the district court. 
  2.9      Subd. 5.  [GUARDIAN] "Guardian" means a person who has 
  2.10  qualified as a guardian of a minor or incapacitated person 
  2.11  pursuant to appointment by a parent or spouse, or by the court, 
  2.12  and includes a limited, emergency, or temporary substitute 
  2.13  guardian but not a guardian ad litem. 
  2.14     Subd. 6.  [INCAPACITATED PERSON.] "Incapacitated person" 
  2.15  means an individual who, for reasons other than being a minor, 
  2.16  is unable to receive and evaluate information or make or 
  2.17  communicate decisions to such an extent that the individual 
  2.18  lacks the ability to meet essential requirements for health, 
  2.19  safety, or self-care, even with appropriate technological 
  2.20  assistance. 
  2.21     Subd. 7.  [INTERESTED PERSON.] "Interested person" includes:
  2.22     (i) the ward, protected person, or respondent; 
  2.23     (ii) a nominated guardian or conservator, or the duly 
  2.24  appointed guardian or conservator; 
  2.25     (iii) legal representative; 
  2.26     (iv) the spouse, parent, adult children and siblings, or if 
  2.27  none of such persons is living or can be located, the next of 
  2.28  kin of the ward, protected person, or respondent; 
  2.29     (v) an adult person who has lived with a ward, protected 
  2.30  person, or respondent for a period of more than six months; 
  2.31     (vi) an attorney for the ward or protected person; 
  2.32     (vii) a governmental agency paying or to which an 
  2.33  application has been made for benefits for the respondent, ward, 
  2.34  or protected person, including the county social services agency 
  2.35  for the person's county of residence and the county where the 
  2.36  proceeding is venued; 
  3.1      (viii) a health care agent or proxy appointed pursuant to a 
  3.2   health care directive as defined in section 145C.01, a living 
  3.3   will under chapter 145B, or other similar document executed in 
  3.4   another state and enforceable under the laws of this state; and 
  3.5      (ix) any other person designated by the court. 
  3.6      Subd. 8.  [LEGAL REPRESENTATIVE.] "Legal representative" 
  3.7   includes a representative payee, a guardian or conservator 
  3.8   acting for a respondent in this state or elsewhere, or a trustee 
  3.9   or custodian of a trust or custodianship of which the respondent 
  3.10  is a beneficiary. 
  3.11     Subd. 9.  [LETTERS.] "Letters" includes letters of 
  3.12  guardianship and letters of conservatorship. 
  3.13     Subd. 10.  [MINOR.] "Minor" means an unemancipated 
  3.14  individual who has not attained 18 years of age. 
  3.15     Subd. 11.  [NEXT OF KIN.] "Next of kin" shall be determined 
  3.16  by the court. 
  3.17     Subd. 12.  [PARENT.] "Parent" means a parent whose parental 
  3.18  rights have not been terminated. 
  3.19     Subd. 13.  [PERSON.] "Person" means an individual, 
  3.20  corporation, business trust, estate, trust, partnership, limited 
  3.21  liability company, association, joint venture, government, 
  3.22  governmental subdivision, agency, or instrumentality, or any 
  3.23  other legal or commercial entity. 
  3.24     Subd. 14.  [PROTECTED PERSON.] "Protected person" means a 
  3.25  minor or other individual for whom a conservator has been 
  3.26  appointed or other protective order has been made. 
  3.27     Subd. 15.  [RESPONDENT.] "Respondent" means an individual 
  3.28  for whom the appointment of a guardian or conservator or other 
  3.29  protective order is sought. 
  3.30     Subd. 16.  [STATE.] "State" means a state of the United 
  3.31  States, the District of Columbia, Puerto Rico, the United States 
  3.32  Virgin Islands, or a territory or insular possession subject to 
  3.33  the jurisdiction of the United States. 
  3.34     Subd. 17.  [WARD.] "Ward" means an individual for whom a 
  3.35  guardian has been appointed. 
  3.36     Sec. 3.  [524.5-103] [SUPPLEMENTAL GENERAL PRINCIPLES OF 
  4.1   LAW APPLICABLE.] 
  4.2      Unless displaced by the particular provisions of this 
  4.3   article, the principles of law and equity supplement its 
  4.4   provisions. 
  4.5      Sec. 4.  [524.5-104] [FACILITY OF TRANSFER.] 
  4.6      (a) A person required to transfer money or personal 
  4.7   property to a minor may do so, as to an amount or value not 
  4.8   exceeding $5,000 per year, by transferring it to: 
  4.9      (1) a person who has the care and custody of the minor and 
  4.10  with whom the minor resides; 
  4.11     (2) a guardian of the minor; 
  4.12     (3) a custodian under the Uniform Transfers To Minors Act 
  4.13  or custodial trustee under the Uniform Custodial Trust Act; or 
  4.14     (4) a financial institution as a deposit in an 
  4.15  interest-bearing account or certificate in the sole name of the 
  4.16  minor and giving notice of the deposit to the minor. 
  4.17     (b) This section does not apply if the person making 
  4.18  payment or delivery knows that a conservator has been appointed 
  4.19  or that a proceeding for appointment of a conservator of the 
  4.20  minor is pending. 
  4.21     (c) A person who transfers money or property in compliance 
  4.22  with this section is not responsible for its proper application. 
  4.23     (d) A guardian or other person who receives money or 
  4.24  property for a minor under paragraph (a), clause (1) or (2), may 
  4.25  only apply it to the support, care, education, health, and 
  4.26  welfare of the minor, and may not derive a personal financial 
  4.27  benefit except for reimbursement for necessary expenses.  Any 
  4.28  excess must be preserved for the future support, care, 
  4.29  education, health, and welfare of the minor and any balance must 
  4.30  be transferred to the minor upon emancipation or attaining 
  4.31  majority.  
  4.32     Sec. 5.  [524.5-106] [SUBJECT-MATTER JURISDICTION.] 
  4.33     This article applies to, and the court has jurisdiction 
  4.34  over, guardianship and related proceedings for individuals 
  4.35  domiciled or present in this state, protective proceedings for 
  4.36  individuals domiciled in or having property located in this 
  5.1   state, and property coming into the control of a guardian or 
  5.2   conservator who is subject to the laws of this state.  This 
  5.3   article does not apply to any matters or proceedings arising 
  5.4   under or governed by chapters 252A, 259, and 260C.  
  5.5   Notwithstanding anything else to the contrary, chapters 252A, 
  5.6   259, and 260C exclusively govern the rights, duties, and powers 
  5.7   of social service agencies, the commissioner of human services, 
  5.8   licensed child placing agencies, and parties with respect to all 
  5.9   matters and proceedings arising under those chapters. 
  5.10     Sec. 6.  [524.5-107] [TRANSFER OF JURISDICTION.] 
  5.11     (a) Following the appointment of a guardian or conservator 
  5.12  or entry of another protective order, the court making the 
  5.13  appointment or entering the order may transfer the proceeding to 
  5.14  a court in another county in this state or to another state if 
  5.15  the court is satisfied that a transfer will serve the best 
  5.16  interest of the ward or protected person. 
  5.17     (b) A guardian, conservator, or like fiduciary appointed in 
  5.18  another state may petition the court for appointment as a 
  5.19  guardian or conservator in this state if the state has 
  5.20  jurisdiction.  The appointment may be made upon proof of 
  5.21  appointment in the other state and presentation of a certified 
  5.22  copy of the portion of the court record in the other state 
  5.23  specified by the court in this state.  Notice of hearing on the 
  5.24  petition, together with a copy of the petition, must be given to 
  5.25  the ward or protected person, if the ward or protected person 
  5.26  has attained 14 years of age, and to the persons who would be 
  5.27  entitled to notice if the regular procedures for appointment of 
  5.28  a guardian or conservator under this article were applicable.  
  5.29  The court shall make the appointment in this state unless it 
  5.30  concludes that the appointment would not be in the best interest 
  5.31  of the ward or protected person.  Upon the filing of an 
  5.32  acceptance of office and any required bond, the court shall 
  5.33  issue appropriate letters of guardianship or conservatorship.  
  5.34  Within 14 days after an appointment, the guardian or conservator 
  5.35  shall send or deliver a copy of the order of appointment to the 
  5.36  ward or protected person, if the ward or protected person has 
  6.1   attained 14 years of age, and to all persons given notice of the 
  6.2   hearing on the petition. 
  6.3      Sec. 7.  [524.5-108] [VENUE.] 
  6.4      (a) Venue for a guardianship proceeding for a minor is in 
  6.5   the county of this state in which the minor resides or is 
  6.6   present at the time the proceeding is commenced. 
  6.7      (b) Venue for a guardianship proceeding for an 
  6.8   incapacitated person is in the county of this state in which the 
  6.9   respondent resides and, if the respondent has been admitted to 
  6.10  an institution by order of a court of competent jurisdiction, in 
  6.11  the county in which that court is located.  Venue for the 
  6.12  appointment of an emergency or a temporary guardian of an 
  6.13  incapacitated person is also in the county in which the 
  6.14  respondent is present. 
  6.15     (c) Venue for a protective proceeding is in the county of 
  6.16  this state in which the respondent resides, whether or not a 
  6.17  guardian has been appointed in another place or, if the 
  6.18  respondent does not reside in this state, in any county of this 
  6.19  state in which property of the respondent is located. 
  6.20     (d) If a proceeding under this article is brought in more 
  6.21  than one county in this state, the court of the county in which 
  6.22  the proceeding is first brought has the exclusive right to 
  6.23  proceed unless that court determines that venue is properly in 
  6.24  another court or that the interests of justice otherwise require 
  6.25  that the proceeding be transferred. 
  6.26     (e) If it is in the best interest of the ward or protected 
  6.27  person, the venue may be transferred to another county.  Upon 
  6.28  the filing of a petition by any interested person, or upon the 
  6.29  court's own motion, the court shall fix a time and place for the 
  6.30  hearing on the transfer.  Notice must be given to interested 
  6.31  persons, the district court of the county to which venue is 
  6.32  proposed to be transferred, and any other party the court 
  6.33  designates.  Upon proof that a transfer of venue is in the best 
  6.34  interest of the ward or protected person or the ward or 
  6.35  protected person's estate, and upon settlement and allowance of 
  6.36  the conservator's accounts, if any, to the time of the hearing, 
  7.1   the court shall transmit the entire file to the court of the 
  7.2   other county, where all subsequent proceedings must be held. 
  7.3      Sec. 8.  [524.5-109] [PRACTICE IN COURT.] 
  7.4      (a) Except as otherwise provided in this article, the rules 
  7.5   of civil procedure, including the rules concerning appellate 
  7.6   review, govern proceedings under this article. 
  7.7      (b) If guardianship and protective proceedings as to the 
  7.8   same individual are commenced or pending in the same court, the 
  7.9   proceedings may be consolidated. 
  7.10     Sec. 9.  [524.5-110] [LETTERS OF OFFICE.] 
  7.11     The court shall issue appropriate letters of guardianship 
  7.12  upon the guardian's filing of an acceptance of office.  The 
  7.13  court shall issue appropriate letters of conservatorship upon 
  7.14  the conservator's filing of an acceptance of office and any 
  7.15  required bond.  Letters of guardianship must indicate whether 
  7.16  the guardian was appointed by the court, a parent, or the 
  7.17  spouse.  Any limitation on the powers of a guardian or 
  7.18  conservator or of the assets subject to a conservatorship must 
  7.19  be endorsed on the guardian's or conservator's letters. 
  7.20     Sec. 10.  [524.5-111] [EFFECT OF ACCEPTANCE OF 
  7.21  APPOINTMENT.] 
  7.22     By accepting appointment as guardian or conservator, a 
  7.23  guardian or conservator submits personally to the jurisdiction 
  7.24  of the court in any proceeding relating to the guardianship or 
  7.25  conservatorship.  The petitioner shall send or deliver notice of 
  7.26  any proceeding to the guardian or conservator at the guardian's 
  7.27  or conservator's address shown in the court records and at any 
  7.28  other address then known to the petitioner.  
  7.29     Sec. 11.  [524.5-112] [TERMINATION OF OR CHANGE IN 
  7.30  GUARDIAN'S OR CONSERVATOR'S APPOINTMENT.] 
  7.31     (a) The appointment of a guardian or conservator terminates 
  7.32  upon the death, resignation, or removal of the guardian or 
  7.33  conservator or upon termination of the guardianship or 
  7.34  conservatorship.  A resignation of a guardian or conservator is 
  7.35  effective when approved by the court.  A parental or spousal 
  7.36  appointment as guardian under an informally probated will 
  8.1   terminates if the will is later denied probate in a formal 
  8.2   proceeding.  Termination of the appointment of a guardian or 
  8.3   conservator does not affect the liability of either for previous 
  8.4   acts or the obligation to account for money and other assets of 
  8.5   the ward or protected person. 
  8.6      (b) A ward, protected person, or interested person may 
  8.7   petition for removal of a guardian or conservator on the ground 
  8.8   that removal would be in the best interest of the ward or 
  8.9   protected person or for other good cause.  A guardian or 
  8.10  conservator may petition for permission to resign.  A petition 
  8.11  for removal or permission to resign may include a request for 
  8.12  appointment of a successor guardian or conservator. 
  8.13     (c) The court may appoint an additional guardian or 
  8.14  conservator at any time, to serve immediately or upon some other 
  8.15  designated event, and may appoint a successor guardian or 
  8.16  conservator in the event of a vacancy or make the appointment 
  8.17  prior to a vacancy, to serve when a vacancy occurs.  An 
  8.18  additional or successor guardian or conservator may file an 
  8.19  acceptance of appointment at any time after the appointment, but 
  8.20  in no case later than 30 days after the occurrence of the 
  8.21  vacancy or other designated event.  The additional or successor 
  8.22  guardian or conservator becomes eligible to act on the 
  8.23  occurrence of the vacancy or designated event, or the filing of 
  8.24  the acceptance of appointment, whichever occurs last.  A 
  8.25  successor guardian or conservator succeeds to the predecessor's 
  8.26  powers, and a successor conservator succeeds to the 
  8.27  predecessor's title to the protected person's assets. 
  8.28     Sec. 12.  [524.5-113] [NOTICE.] 
  8.29     (a) Except for notice for which specific requirements are 
  8.30  otherwise provided in this article or as otherwise ordered by 
  8.31  the court for good cause, notice of a hearing on a petition is 
  8.32  required for all petitions in the manner prescribed by this 
  8.33  section.  The petitioner shall give notice of the time and place 
  8.34  of the hearing to all interested persons.  Notice must be given 
  8.35  by mail postmarked at least 14 days before the hearing.  
  8.36     (b) Proof of notice must be made before or at the hearing 
  9.1   and filed in the proceeding. 
  9.2      (c) A notice under this article must be given in plain 
  9.3   language. 
  9.4      (d) If a patient of a state hospital, regional center, or 
  9.5   any state-operated service has a guardianship or conservatorship 
  9.6   established, modified, or terminated, the head of the state 
  9.7   hospital, regional center, or state-operated service shall be 
  9.8   notified.  The notice shall require the institution to advise 
  9.9   the court of the existence, if known, of a health care directive 
  9.10  as defined in section 145C.01, executed by the proposed ward, 
  9.11  incapacitated person, or protected person, a living will 
  9.12  executed under chapter 145B, or any other similar document 
  9.13  executed in another state and enforceable under the laws of this 
  9.14  state.  If a ward, incapacitated person, or protected person is 
  9.15  under the guardianship or conservatorship of the commissioner of 
  9.16  human services as mentally retarded or dependent and neglected 
  9.17  or is under the temporary custody of the commissioner of human 
  9.18  services, the court shall notify the commissioner of human 
  9.19  services if the public guardianship or conservatorship is 
  9.20  established, modified, or terminated. 
  9.21     (e) If a conservator is required to file a bond pursuant to 
  9.22  chapter 415, notice of any proceeding must be sent or delivered 
  9.23  to the surety at the address shown in the court records at the 
  9.24  place where the bond is filed and to any other address then 
  9.25  known to the petitioner. 
  9.26     Sec. 13.  [524.5-114] [WAIVER OF NOTICE.] 
  9.27     A person may waive notice by a writing signed by the person 
  9.28  or the person's attorney and filed in the proceeding.  However, 
  9.29  a respondent, ward, or protected person may not waive notice. 
  9.30     Sec. 14.  [524.5-115] [GUARDIAN AD LITEM.] 
  9.31     At any stage of a proceeding, a court may appoint a 
  9.32  guardian ad litem if the court determines that representation of 
  9.33  the interest otherwise would be inadequate.  If not precluded by 
  9.34  a conflict of interest, a guardian ad litem may be appointed to 
  9.35  represent several individuals or interests.  The court shall 
  9.36  state on the record the duties of the guardian ad litem and its 
 10.1   reasons for the appointment. 
 10.2      Sec. 15.  [524.5-117] [MULTIPLE APPOINTMENTS OR 
 10.3   NOMINATIONS.] 
 10.4      If a respondent or other person makes more than one written 
 10.5   appointment or nomination of a guardian or a conservator, the 
 10.6   most recent controls. 
 10.7      Sec. 16.  [524.5-118] [BACKGROUND STUDY.] 
 10.8      Subdivision 1.  [WHEN REQUIRED; EXCEPTION.] (a) The court 
 10.9   shall require a background study under this section: 
 10.10     (1) before the appointment of a guardian or conservator, 
 10.11  unless a background study has been done on the person under this 
 10.12  section within the previous five years; and 
 10.13     (2) once every five years after the appointment, if the 
 10.14  person continues to serve as a guardian or conservator. 
 10.15     (b) The background study must include criminal history data 
 10.16  from the bureau of criminal apprehension, other criminal history 
 10.17  data held by the commissioner of human services, and data 
 10.18  regarding whether the person has been a perpetrator of 
 10.19  substantiated maltreatment of a vulnerable adult and a minor. 
 10.20     (c) The court shall request a search of the National 
 10.21  Criminal Records Repository if the proposed guardian or 
 10.22  conservator has not resided in Minnesota for the previous five 
 10.23  years or if the bureau of criminal apprehension information 
 10.24  received from the commissioner of human services under 
 10.25  subdivision 2, paragraph (b), indicates that the subject is a 
 10.26  multistate offender or that the individual's multistate offender 
 10.27  status is undetermined. 
 10.28     (d) If the guardian or conservator is not an individual, 
 10.29  the background study must be done on all individuals currently 
 10.30  employed by the proposed guardian or conservator who will be 
 10.31  responsible for exercising powers and duties under the 
 10.32  guardianship or conservatorship. 
 10.33     (e) If the court determines that it would be in the best 
 10.34  interests of the ward or protected person to appoint a guardian 
 10.35  or conservator before the background study can be completed, the 
 10.36  court may make the appointment pending the results of the study. 
 11.1      (f) The fee for conducting a background study for 
 11.2   appointment of a professional guardian or conservator must be 
 11.3   paid by the guardian or conservator.  In other cases, the fee 
 11.4   must be paid as follows: 
 11.5      (1) if the matter is proceeding in forma pauperis, the fee 
 11.6   is an expense for purposes of section 524.5-502, paragraph (a); 
 11.7      (2) if there is an estate of the ward or protected person, 
 11.8   the fee must be paid from the estate; or 
 11.9      (3) in the case of a guardianship or conservatorship of the 
 11.10  person that is not proceeding in forma pauperis, the court may 
 11.11  order that the fee be paid by the guardian or conservator or by 
 11.12  the court. 
 11.13     (g) The requirements of this subdivision do not apply if 
 11.14  the guardian or conservator is: 
 11.15     (1) a state agency or county; 
 11.16     (2) a parent or guardian of a proposed ward or protected 
 11.17  person who has mental retardation or a related condition, if the 
 11.18  parent or guardian has raised the proposed ward or protected 
 11.19  person in the family home until the time the petition is filed, 
 11.20  unless counsel appointed for the proposed ward or protected 
 11.21  person under section 524.5-205, paragraph (d); 524.5-304, 
 11.22  paragraph (b); 524.5-405, paragraph (a); or 524.5-406, paragraph 
 11.23  (b), recommends a background study; or 
 11.24     (3) a bank with trust powers, bank and trust company, or 
 11.25  trust company, organized under the laws of any state or of the 
 11.26  United States and which is regulated by the commissioner of 
 11.27  commerce or a federal regulator. 
 11.28     Subd. 2.  [PROCEDURE; CRIMINAL HISTORY AND MALTREATMENT 
 11.29  RECORDS BACKGROUND CHECK.] (a) The court shall request the 
 11.30  commissioner of human services to complete a background study 
 11.31  under section 245A.041.  The request must be accompanied by the 
 11.32  applicable fee and the signed consent of the subject of the 
 11.33  study authorizing the release of the data obtained to the 
 11.34  court.  If the court is requesting a search of the National 
 11.35  Criminal Records Repository, the request must be accompanied by 
 11.36  a set of classifiable fingerprints of the subject of the study.  
 12.1   The fingerprints must be recorded on a fingerprint card provided 
 12.2   by the commissioner of human services. 
 12.3      (b) The commissioner of human services shall provide the 
 12.4   court with information from the bureau of criminal 
 12.5   apprehension's criminal justice information system, other 
 12.6   criminal history data held by the commissioner of human 
 12.7   services, and data regarding substantiated maltreatment of 
 12.8   vulnerable adults under section 626.557 and substantiated 
 12.9   maltreatment of minors under section 626.556 within 15 working 
 12.10  days of receipt of a request.  If the subject of the study has 
 12.11  been the perpetrator of substantiated maltreatment of a 
 12.12  vulnerable adult or minor, the response must include a copy of 
 12.13  the public portion of the investigation memorandum under section 
 12.14  626.557, subdivision 12b, or the public portion of the 
 12.15  investigation memorandum under section 626.556, subdivision 
 12.16  10f.  If the court did not request a search of the National 
 12.17  Criminal Records Repository and information from the bureau of 
 12.18  criminal apprehension indicates that the subject is a multistate 
 12.19  offender or that multistate offender status is undetermined, the 
 12.20  response must include this information.  The commissioner shall 
 12.21  provide the court with information from the National Criminal 
 12.22  Records Repository within three working days of the 
 12.23  commissioner's receipt of the data. 
 12.24     (c) Notwithstanding section 626.557, subdivision 12b, or 
 12.25  626.556, subdivision 10f, if the commissioner of human services 
 12.26  or a county lead agency has information that a person on whom a 
 12.27  background study was previously done under this section has been 
 12.28  determined to be a perpetrator of maltreatment of a vulnerable 
 12.29  adult or minor, the commissioner or the county may provide this 
 12.30  information to the court that requested the background study.  
 12.31  The commissioner may also provide the court with additional 
 12.32  criminal history or substantiated maltreatment information that 
 12.33  becomes available after the background study is done. 
 12.34     Subd. 3.  [FORM.] The commissioner of human services shall 
 12.35  develop a form to be used for requesting a background study 
 12.36  under this section, which must include: 
 13.1      (1) a notification to the subject of the study that the 
 13.2   court will request the commissioner to perform a background 
 13.3   study under this section; 
 13.4      (2) a notification to the subject of the rights in 
 13.5   subdivision 4; and 
 13.6      (3) a signed consent to conduct the background study. 
 13.7      Subd. 4.  [RIGHTS.] The court shall notify the subject of a 
 13.8   background study that the subject has the following rights: 
 13.9      (1) the right to be informed that the court will request a 
 13.10  background study on the subject for the purpose of determining 
 13.11  whether the person's appointment or continued appointment is in 
 13.12  the best interests of the ward or protected person; 
 13.13     (2) the right to be informed of the results of the study 
 13.14  and to obtain from the court a copy of the results; and 
 13.15     (3) the right to challenge the accuracy and completeness of 
 13.16  information contained in the results under section 13.04, 
 13.17  subdivision 4, except to the extent precluded by section 
 13.18  256.045, subdivision 3. 
 13.19                               PART 2
 13.20                         GUARDIAN OF MINOR
 13.21     Sec. 17.  [524.5-201] [APPOINTMENT AND STATUS OF GUARDIAN.] 
 13.22     A person becomes a guardian of a minor by parental 
 13.23  appointment or upon appointment by the court.  The guardianship 
 13.24  continues until terminated, without regard to the location of 
 13.25  the guardian or minor ward. 
 13.26     Sec. 18.  [524.5-202] [PARENTAL APPOINTMENT OF GUARDIAN.] 
 13.27     (a) A guardian may be appointed by will or other signed 
 13.28  writing executed in the same manner as a health care directive 
 13.29  under chapter 145C by a parent for any minor child the parent 
 13.30  has or may have in the future.  The appointment may specify the 
 13.31  desired limitations on the powers to be given to the guardian.  
 13.32  The appointing parent may revoke or amend the appointment prior 
 13.33  to court confirmation. 
 13.34     (b) Upon petition of an appointing parent and a finding 
 13.35  that the appointing parent will likely become unable to care for 
 13.36  the child within two years or less, and after notice as provided 
 14.1   in section 524.5-205, paragraph (b), the court, before the 
 14.2   appointment becomes effective, may confirm the parent's 
 14.3   selection of a guardian and terminate the rights of others to 
 14.4   object. 
 14.5      (c) Subject to section 524.5-203, the appointment of a 
 14.6   guardian becomes effective upon the appointing parent's death, 
 14.7   an adjudication that the parent is an incapacitated person, or a 
 14.8   written determination by a physician who has examined the parent 
 14.9   that the parent is no longer able to care for the child, 
 14.10  whichever occurs first. 
 14.11     (d) The guardian becomes eligible to act upon the filing of 
 14.12  an acceptance of appointment, which must be filed within 30 days 
 14.13  following the effective date of the guardian's appointment.  The 
 14.14  guardian shall: 
 14.15     (1) file the acceptance of appointment and a copy of the 
 14.16  will with the court of the county in which the will was or could 
 14.17  be probated or, in the case of another appointing instrument, 
 14.18  file the acceptance of appointment and the appointing instrument 
 14.19  with the court of the county in which the minor resides or is 
 14.20  present; and 
 14.21     (2) give written notice of the acceptance of appointment to 
 14.22  the appointing parent, if living, the minor, if the minor has 
 14.23  attained 14 years of age, and a person other than the parent 
 14.24  having care and custody of the minor. 
 14.25     (e) Unless the appointment was previously confirmed by the 
 14.26  court, the notice given under paragraph (d), clause (2), must 
 14.27  include a statement of the right of those notified to terminate 
 14.28  the appointment by filing a written objection in the court as 
 14.29  provided in section 524.5-203. 
 14.30     (f) Unless the appointment was previously confirmed by the 
 14.31  court, within 30 days after filing the notice and the appointing 
 14.32  instrument, a guardian shall petition the court for confirmation 
 14.33  of the appointment, giving notice in the manner provided in 
 14.34  section 524.5-205, paragraph (b). 
 14.35     (g) The appointment of a guardian by a parent does not 
 14.36  supersede the parental rights of either parent.  If both parents 
 15.1   are dead or have been adjudged incapacitated persons, an 
 15.2   appointment by the last parent who dies or was adjudged 
 15.3   incapacitated has priority.  An appointment by a parent which is 
 15.4   effected by filing the guardian's acceptance under a will 
 15.5   probated in the state of the testator's domicile is effective in 
 15.6   this state. 
 15.7      (h) The powers of a guardian who timely complies with the 
 15.8   requirements of paragraphs (d) and (e) relate back to give acts 
 15.9   by the guardian which are of benefit to the minor and occurred 
 15.10  on or after the date the appointment became effective the same 
 15.11  effect as those that occurred after the filing of the acceptance 
 15.12  of the appointment. 
 15.13     (i) The authority of a guardian appointed under this 
 15.14  section terminates upon the first to occur of the appointment of 
 15.15  a guardian by the court or the giving of written notice to the 
 15.16  guardian of the filing of an objection pursuant to section 
 15.17  524.5-203. 
 15.18     Sec. 19.  [524.5-203] [OBJECTION BY MINOR OR OTHERS TO 
 15.19  PARENTAL APPOINTMENT.] 
 15.20     Until the court has confirmed an appointee under section 
 15.21  524.5-202, a minor who is the subject of an appointment by a 
 15.22  parent and who has attained 14 years of age, the other parent, 
 15.23  or a person other than a parent or guardian having custody or 
 15.24  care of the minor may prevent or terminate the appointment at 
 15.25  any time by filing in the court in which the appointing 
 15.26  instrument is filed a written objection and by giving notice of 
 15.27  the objection to the guardian and any other persons entitled to 
 15.28  notice of the acceptance of the appointment.  An objection may 
 15.29  be withdrawn, and if withdrawn is of no effect.  An objection 
 15.30  does not preclude an appointment of the appointee by the court.  
 15.31  The court may treat the filing of an objection as a petition for 
 15.32  the appointment of an emergency or a temporary guardian under 
 15.33  section 524.5-204, and proceed accordingly. 
 15.34     Sec. 20.  [524.5-204] [JUDICIAL APPOINTMENT OF GUARDIAN:  
 15.35  CONDITIONS FOR APPOINTMENT.] 
 15.36     (a) The court may appoint a guardian for a minor if the 
 16.1   court finds the appointment is in the minor's best interest, and:
 16.2      (i) the parents consent; 
 16.3      (ii) all parental rights have been suspended or terminated; 
 16.4   or 
 16.5      (iii) the parents are unwilling or unable to exercise their 
 16.6   parental rights.  
 16.7   If a guardian is appointed by a parent pursuant to section 
 16.8   524.5-202 and the appointment has not been prevented or 
 16.9   terminated under section 524.5-203, that appointee has priority 
 16.10  for appointment.  However, the court may proceed with another 
 16.11  appointment upon a finding that the appointee under section 
 16.12  524.5-202 has failed to accept the appointment within 30 days 
 16.13  after notice of the guardianship proceeding. 
 16.14     (b) If necessary and on petition or motion and whether or 
 16.15  not the conditions of paragraph (a) have been established, the 
 16.16  court may appoint a temporary guardian for a minor upon a 
 16.17  showing that an immediate need exists and that the appointment 
 16.18  would be in the best interest of the minor.  Notice must be 
 16.19  given to the parents and to a minor who has attained 14 years of 
 16.20  age.  Except as otherwise ordered by the court, the temporary 
 16.21  guardian has the authority of an unlimited guardian, but the 
 16.22  duration of the temporary guardianship may not exceed six 
 16.23  months.  Within five days after the appointment, the temporary 
 16.24  guardian shall send or deliver a copy of the order to all 
 16.25  individuals who would be entitled to notice of hearing under 
 16.26  section 524.5-205. 
 16.27     (c) If the court finds that following the procedures of 
 16.28  this article will likely result in substantial harm to a minor's 
 16.29  health or safety and that no other person appears to have 
 16.30  authority to act in the circumstances, the court, on appropriate 
 16.31  petition, may appoint an emergency guardian for the minor.  The 
 16.32  duration of the guardian's authority may not exceed 30 days and 
 16.33  the guardian may exercise only the powers specified in the 
 16.34  order.  Reasonable notice of the time and place of a hearing on 
 16.35  the petition for appointment of an emergency guardian must be 
 16.36  given to the minor, if the minor has attained 14 years of age, 
 17.1   to each living parent of the minor, and a person having care or 
 17.2   custody of the minor, if other than a parent.  The court may 
 17.3   dispense with the notice if it finds from affidavit or other 
 17.4   sworn testimony that the minor will be substantially harmed 
 17.5   before a hearing can be held on the petition.  If the guardian 
 17.6   is appointed without notice, notice of the appointment must be 
 17.7   given within 48 hours after the appointment and a hearing on the 
 17.8   appropriateness of the appointment held within five days after 
 17.9   the appointment. 
 17.10     Sec. 21.  [524.5-205] [JUDICIAL APPOINTMENT OF GUARDIAN:  
 17.11  PROCEDURE.] 
 17.12     (a) A person interested in the welfare of a minor may 
 17.13  petition for appointment of a guardian. 
 17.14     (b) After a petition is filed, the court shall set a date 
 17.15  for hearing, and the petitioner shall give notice of the time 
 17.16  and place for hearing the petition, together with a copy of the 
 17.17  petition, to: 
 17.18     (1) the minor, if the minor has attained 14 years of age 
 17.19  and is not the petitioner; 
 17.20     (2) any person alleged to have had the primary care and 
 17.21  custody of the minor during the 60 days before the filing of the 
 17.22  petition; 
 17.23     (3) each living parent of the minor or, if there is none, 
 17.24  the adult nearest in kinship that can be found; 
 17.25     (4) any person nominated as guardian by the minor if the 
 17.26  minor has attained 14 years of age; 
 17.27     (5) any appointee of a parent whose appointment has not 
 17.28  been prevented or terminated under section 524.5-203; and 
 17.29     (6) any guardian or conservator currently acting for the 
 17.30  minor in this state or elsewhere.  
 17.31     (c) The court, upon hearing, shall make the appointment if 
 17.32  it finds that a qualified person seeks appointment, venue is 
 17.33  proper, the required notices have been given, the conditions of 
 17.34  section 524.5-204, paragraph (a), have been met, and the best 
 17.35  interest of the minor will be served by the appointment.  In 
 17.36  other cases, the court may dismiss the proceeding or make any 
 18.1   other disposition of the matter that will serve the best 
 18.2   interest of the minor. 
 18.3      (d) If the court determines at any stage of the proceeding, 
 18.4   before or after appointment, that the interests of the minor are 
 18.5   or may be inadequately represented, it may appoint a lawyer to 
 18.6   represent the minor, giving consideration to the choice of the 
 18.7   minor if the minor has attained 14 years of age, provided that 
 18.8   such appointment shall expire upon the expiration of the appeal 
 18.9   time for the order appointing guardian or the order dismissing a 
 18.10  petition or upon such other time or event as the court may 
 18.11  direct. 
 18.12     (e) Within 14 days after an appointment, a guardian shall 
 18.13  send or deliver to the minor ward, and counsel if represented at 
 18.14  the hearing, a copy of the order of appointment accompanied by a 
 18.15  notice which advises the minor ward of the right to appeal the 
 18.16  guardianship appointment in the time and manner provided by the 
 18.17  rules of appellate procedure. 
 18.18     Sec. 22.  [524.5-206] [JUDICIAL APPOINTMENT OF GUARDIAN:  
 18.19  PRIORITY OF MINOR'S NOMINEE, LIMITED GUARDIANSHIP.] 
 18.20     (a) The court shall appoint as guardian a person whose 
 18.21  appointment will be in the best interest of the minor.  The 
 18.22  court shall appoint a person nominated by the minor, if the 
 18.23  minor has attained 14 years of age, unless the court finds the 
 18.24  appointment will be contrary to the best interest of the minor. 
 18.25     (b) In the interest of developing self-reliance of a ward 
 18.26  or for other good cause, the court, at the time of appointment 
 18.27  or later, on its own motion or on motion of the minor ward or 
 18.28  other interested person, may limit the powers of a guardian 
 18.29  otherwise granted by this article and thereby create a limited 
 18.30  guardianship.  Following the same procedure, additional powers 
 18.31  may be granted or existing powers may be withdrawn. 
 18.32     Sec. 23.  [524.5-207] [POWERS AND DUTIES OF GUARDIAN.] 
 18.33     Subdivision 1.  [GENERAL STATEMENT.] A guardian of a minor 
 18.34  has the powers and responsibilities of a parent who has not been 
 18.35  deprived of custody of the minor and unemancipated child, except 
 18.36  that a guardian is not legally obligated to provide from the 
 19.1   guardian's own funds for the ward. 
 19.2      Subd. 2.  [PARTICULAR DUTIES.] In particular, and without 
 19.3   qualifying subdivision 1, a guardian has the duties and powers 
 19.4   in this subdivision. 
 19.5      (a) The guardian must take reasonable care of the ward's 
 19.6   personal effects and commence protective proceedings if 
 19.7   necessary to protect other property of the ward. 
 19.8      (b) The guardian may receive money payable for the support 
 19.9   of the ward to the ward's parent, guardian, or custodian under 
 19.10  the terms of any statutory benefit or insurance system, or any 
 19.11  private contract, devise, trust, conservatorship, or 
 19.12  custodianship and also may receive money or property of the ward 
 19.13  paid or delivered by virtue of section 524.5-104.  Any sums 
 19.14  received must be applied to the ward's current needs for 
 19.15  support, care, and education. 
 19.16     The guardian must exercise due care to conserve any excess 
 19.17  for the ward's future needs unless a conservator has been 
 19.18  appointed for the estate of the ward, in which case the excess 
 19.19  must be paid at least annually to the conservator.  Money 
 19.20  received by the guardian under this paragraph must not be used 
 19.21  for compensation for the guardian's services except as approved 
 19.22  by court order or as determined by a duly appointed conservator 
 19.23  other than the guardian.  
 19.24     A guardian may institute proceedings to compel the 
 19.25  performance by any person of a duty to support the ward or to 
 19.26  pay sums for the welfare of the ward. 
 19.27     (c) The guardian is empowered to facilitate the ward's 
 19.28  education, social, or other activities and to authorize medical 
 19.29  or other professional care, treatment, or advice.  A ward who is 
 19.30  less than 16 years of age may be admitted to a treatment 
 19.31  facility as an informal patient according to section 253B.04 but 
 19.32  may not be committed to any state institution except pursuant to 
 19.33  chapter 253B.  No guardian may give consent for psychosurgery, 
 19.34  electroshock, sterilization, or experimental treatment of any 
 19.35  kind unless the procedure is first approved by the order of the 
 19.36  court, after a hearing as prescribed by section 524.5-313, 
 20.1   paragraph (c), clause (4).  A guardian is not liable by reason 
 20.2   of consent for injury to the ward resulting from the negligence 
 20.3   or acts of third persons unless it would have been illegal for a 
 20.4   parent to have consented, or unless the guardian fails to comply 
 20.5   with the requirements of this section which provide that a court 
 20.6   order is necessary for commitment and for certain types of 
 20.7   medical procedures.  A guardian may consent to the marriage or 
 20.8   adoption of the ward. 
 20.9      (d) A guardian must report the condition of the ward and of 
 20.10  the ward's estate which has been subject to the guardian's 
 20.11  possession or control, as ordered by the court on its own motion 
 20.12  or on petition of any interested person and as required by court 
 20.13  rule. 
 20.14     (e) If there is no acting conservator of the estate for the 
 20.15  ward, the guardian has the power to apply on behalf of the ward 
 20.16  for any assistance, services, or benefits available to the ward 
 20.17  through any unit of government. 
 20.18     Sec. 24.  [524.5-209] [RIGHTS AND IMMUNITIES OF GUARDIAN.] 
 20.19     (a) A guardian of a minor ward is entitled to reasonable 
 20.20  compensation for services as guardian and to reimbursement for 
 20.21  expenditures made on behalf of the ward, in a manner consistent 
 20.22  with section 524.5-502. 
 20.23     (b) A guardian of a minor ward is not liable to a third 
 20.24  person for acts of the ward solely by reason of the 
 20.25  relationship.  A guardian of a minor ward is not liable for 
 20.26  injury to the ward resulting from the negligence or act of a 
 20.27  third person providing medical or other care, treatment, or 
 20.28  service for the ward except to the extent that a parent would be 
 20.29  liable under the circumstances. 
 20.30     (c) A guardian of a minor ward may not initiate the 
 20.31  commitment of a ward to an institution except in accordance with 
 20.32  section 524.5-207. 
 20.33     Sec. 25.  [524.5-210] [TERMINATION OF GUARDIANSHIP; OTHER 
 20.34  PROCEEDINGS AFTER APPOINTMENT.] 
 20.35     (a) A guardianship of a minor terminates upon the minor's 
 20.36  death, adoption, emancipation, attainment of majority, or as 
 21.1   ordered by the court. 
 21.2      (b) A ward or an interested person may petition for any 
 21.3   order that is in the best interest of the ward.  The petitioner 
 21.4   shall give notice of the hearing on the petition to interested 
 21.5   persons pursuant to section 524.5-113 and to any other person as 
 21.6   ordered by the court, except notice is not required for the ward 
 21.7   if the ward has not attained 14 years of age and is not the 
 21.8   petitioner. 
 21.9      Sec. 26.  [524.5-211] [DELEGATION OF POWER BY PARENT OR 
 21.10  GUARDIAN.] 
 21.11     (a) A parent or guardian of a minor or incapacitated 
 21.12  person, by a properly executed power of attorney, may delegate 
 21.13  to another person, for a period not exceeding one year, any 
 21.14  powers regarding care, custody, or property of the minor or 
 21.15  ward, except the power to consent to marriage or adoption of a 
 21.16  minor ward. 
 21.17     (b) A parent who executes a delegation of powers under this 
 21.18  section must mail or give a copy of the document to any other 
 21.19  parent within 30 days of its execution unless: 
 21.20     (1) the other parent does not have visitation rights or has 
 21.21  supervised visitation rights; or 
 21.22     (2) there is an existing order for protection under chapter 
 21.23  518B or a similar law of another state in effect against the 
 21.24  other parent to protect the parent executing the delegation of 
 21.25  powers or the child. 
 21.26     (c) A parent of a minor child may also delegate those 
 21.27  powers by designating a standby or temporary custodian under 
 21.28  chapter 257B. 
 21.29                               PART 3
 21.30                  GUARDIAN OF INCAPACITATED PERSON
 21.31     Sec. 27.  [524.5-301] [APPOINTMENT AND STATUS OF GUARDIAN.] 
 21.32     A person becomes a guardian of an incapacitated person by a 
 21.33  parental or spousal appointment or upon appointment by the 
 21.34  court.  The guardianship continues until terminated, without 
 21.35  regard to the location of the guardian or ward. 
 21.36     Sec. 28.  [524.5-302] [APPOINTMENT OF GUARDIAN BY WILL OR 
 22.1   OTHER WRITING.] 
 22.2      (a) A parent, by will or other signed writing executed in 
 22.3   the same manner as a health care directive pursuant to chapter 
 22.4   145C, may appoint a guardian for an unmarried child who the 
 22.5   parent believes is an incapacitated person, may specify the 
 22.6   desired limitations on the powers to be given to the guardian, 
 22.7   and may revoke or amend the appointment prior to court 
 22.8   confirmation. 
 22.9      (b) An individual by will or other signed writing executed 
 22.10  in the same manner as a health care directive pursuant to 
 22.11  chapter 145C may appoint a guardian for his or her spouse who 
 22.12  the appointing spouse believes is an incapacitated person, may 
 22.13  specify the desired limitations on the powers to be given to the 
 22.14  guardian, and may revoke or amend the appointment prior to court 
 22.15  confirmation. 
 22.16     (c) Subject to the right of the incapacitated person, the 
 22.17  person having custody or care of the incapacitated person if 
 22.18  other than the appointing parent or spouse or the adult nearest 
 22.19  in kinship to the incapacitated person to object, the guardian's 
 22.20  appointment becomes effective upon the death of the appointing 
 22.21  parent or spouse, the adjudication of incapacity of the 
 22.22  appointing parent or spouse, or a written determination by a 
 22.23  physician who has examined the appointing parent or spouse that 
 22.24  the appointing parent or spouse is no longer able to care for 
 22.25  the incapacitated person, whichever occurs first. 
 22.26     (d) Upon petition of the appointing parent or spouse, and a 
 22.27  finding that the appointing parent or spouse will likely become 
 22.28  unable to care for the incapacitated person within two years or 
 22.29  less, and after notice as provided in this section, the court, 
 22.30  before the appointment becomes effective, may confirm the 
 22.31  appointing parent's or spouse's selection of a guardian and 
 22.32  terminate the rights of others to object. 
 22.33     (e) The guardian becomes eligible to act upon the filing of 
 22.34  an acceptance of appointment, which must be filed within 30 days 
 22.35  following the effective date of the guardian's appointment.  The 
 22.36  guardian shall: 
 23.1      (1) file the notice of acceptance of appointment and a copy 
 23.2   of the will with the court of the county in which the will was 
 23.3   or could be probated or, in the case of another appointing 
 23.4   instrument, file the acceptance of appointment and the 
 23.5   appointing instrument with the court in the county in which the 
 23.6   incapacitated person resides or is present; and 
 23.7      (2) give written notice of the acceptance of appointment to 
 23.8   the appointing parent or spouse if living, the incapacitated 
 23.9   person, a person having custody or care of the incapacitated 
 23.10  person other than the appointing parent or spouse, and the adult 
 23.11  nearest in kinship. 
 23.12     (f) Unless the appointment was previously confirmed by the 
 23.13  court, the notice given under paragraph (e), clause (2), must 
 23.14  include a statement of the right of those notified to terminate 
 23.15  the appointment by filing a written objection as provided in 
 23.16  this section. 
 23.17     (g) An appointment effected by filing the guardian's 
 23.18  acceptance under a will probated in the state of the testator's 
 23.19  domicile is effective in this state. 
 23.20     (h) The filing of a written objection to an appointment by 
 23.21  the alleged incapacitated person or another interested person in 
 23.22  the court in which the guardian's written acceptance was filed 
 23.23  terminates the appointment.  An objection may be withdrawn and, 
 23.24  if withdrawn, is of no effect.  An objection does not preclude 
 23.25  the court from appointing the parental or spousal appointee as 
 23.26  guardian.  The court may treat the filing of an objection as a 
 23.27  petition for the appointment of an emergency guardian under 
 23.28  section 524.5-311 or for the appointment of a limited or 
 23.29  unlimited guardian under section 524.5-303 and proceed 
 23.30  accordingly. 
 23.31     (i) Unless the appointment was previously confirmed by the 
 23.32  court, within 30 days after filing the notice and the appointing 
 23.33  instrument, a guardian appointed under this section shall file a 
 23.34  petition in the court for confirmation of the appointment, 
 23.35  giving notice in the manner provided in section 524.5-308, and, 
 23.36  if necessary, for an appointment as conservator. 
 24.1      (j) The authority of a guardian appointed under this 
 24.2   section terminates upon the first to occur of the appointment of 
 24.3   a guardian by the court or the giving of written notice to the 
 24.4   guardian of the filing of an objection pursuant to paragraph (h).
 24.5      (k) The appointment of a guardian under this section is not 
 24.6   a determination of incapacity. 
 24.7      (l) The powers of a guardian who timely complies with the 
 24.8   requirements of paragraphs (e) and (f) relate back to give acts 
 24.9   by the guardian which are of benefit to the incapacitated person 
 24.10  and occurred on or after the date the appointment became 
 24.11  effective the same effect as those that occurred after the 
 24.12  filing of the acceptance of appointment. 
 24.13     Sec. 29.  [524.5-303] [JUDICIAL APPOINTMENT OF GUARDIAN:  
 24.14  PETITION.] 
 24.15     (a) An individual or a person interested in the 
 24.16  individual's welfare may petition for a determination of 
 24.17  incapacity, in whole or in part, and for the appointment of a 
 24.18  limited or unlimited guardian for the individual. 
 24.19     (b) The petition must set forth the petitioner's name, 
 24.20  residence, current address if different, relationship to the 
 24.21  respondent, and interest in the appointment and, to the extent 
 24.22  known, state or contain the following with respect to the 
 24.23  respondent and the relief requested: 
 24.24     (1) the respondent's name, age, principal residence, 
 24.25  current street address, and, if different, the address of the 
 24.26  dwelling in which it is proposed that the respondent will reside 
 24.27  if the appointment is made; 
 24.28     (2) the name and address of the respondent's: 
 24.29     (i) spouse, or if the respondent has none, an adult with 
 24.30  whom the respondent has resided for more than six months before 
 24.31  the filing of the petition; and 
 24.32     (ii) adult children or, if the respondent has none, the 
 24.33  respondent's parents and adult brothers and sisters, or if the 
 24.34  respondent has none, at least one of the adults nearest in 
 24.35  kinship to the respondent who can be found; 
 24.36     (3) the name of the administrative head and address of the 
 25.1   institution where the respondent is a patient, resident, or 
 25.2   client of any hospital, nursing home, home care agency, or other 
 25.3   institution; 
 25.4      (4) the name and address of any legal representative for 
 25.5   the respondent; 
 25.6      (5) the name and address of any person nominated as 
 25.7   guardian by the respondent; 
 25.8      (6) the name and address of any proposed guardian and the 
 25.9   reason why the proposed guardian should be selected; 
 25.10     (7) the name and address of any health care agent or proxy 
 25.11  appointed pursuant to a health care directive as defined in 
 25.12  section 145C.01, a living will under chapter 145B, or other 
 25.13  similar document executed in another state and enforceable under 
 25.14  the laws of this state; 
 25.15     (8) the reason why guardianship is necessary, including a 
 25.16  brief description of the nature and extent of the respondent's 
 25.17  alleged incapacity; 
 25.18     (9) if an unlimited guardianship is requested, the reason 
 25.19  why limited guardianship is inappropriate and, if a limited 
 25.20  guardianship is requested, the powers to be granted to the 
 25.21  limited guardian; and 
 25.22     (10) a general statement of the respondent's property with 
 25.23  an estimate of its value, including any insurance or pension, 
 25.24  and the source and amount of any other anticipated income or 
 25.25  receipts. 
 25.26     Sec. 30.  [524.5-304] [JUDICIAL APPOINTMENT OF GUARDIAN:  
 25.27  PRELIMINARIES TO HEARING.] 
 25.28     (a) Upon receipt of a petition to establish a guardianship, 
 25.29  the court shall set a date and time for hearing the petition and 
 25.30  appoint a visitor.  The duties and reporting requirements of the 
 25.31  visitor are limited to the relief requested in the petition.  
 25.32  The visitor must be an individual having training or experience 
 25.33  in the type of incapacity alleged. 
 25.34     (b) A proposed ward has the right to be represented by 
 25.35  counsel at any proceeding under this article.  The court shall 
 25.36  appoint counsel to represent the proposed ward for the initial 
 26.1   proceeding held pursuant to section 524.5-307 if neither the 
 26.2   proposed ward nor others provide counsel unless in a meeting 
 26.3   with a visitor the proposed ward specifically waives the right 
 26.4   to counsel.  Counsel must be appointed immediately after any 
 26.5   petition under this article is served under section 524.5-308.  
 26.6   Counsel has the full right of subpoena.  In all proceedings 
 26.7   under this article, counsel shall: 
 26.8      (1) consult with the proposed ward before any hearing; 
 26.9      (2) be given adequate time to prepare for all hearings; and 
 26.10     (3) continue to represent the person throughout any 
 26.11  proceedings under section 524.5-307, provided that such 
 26.12  appointment shall expire upon the expiration of the appeal time 
 26.13  for the order appointing guardian or the order dismissing a 
 26.14  petition, or upon such other time or event as the court may 
 26.15  direct. 
 26.16     The court need not appoint counsel to represent the 
 26.17  proposed ward on a voluntary petition, and the court may remove 
 26.18  a court-appointed attorney at any time if the court finds that 
 26.19  the proposed ward has made a knowing and intelligent waiver of 
 26.20  the right to counsel or has obtained private counsel. 
 26.21     (c) The visitor shall personally serve the notice and 
 26.22  petition upon the respondent and shall offer to read the notice 
 26.23  and petition to the respondent, and if so requested the visitor 
 26.24  shall read the notice and petition to such person.  The visitor 
 26.25  shall also interview the respondent in person, and to the extent 
 26.26  that the respondent is able to understand: 
 26.27     (1) explain to the respondent the substance of the 
 26.28  petition; the nature, purpose, and effect of the proceeding; the 
 26.29  respondent's rights at the hearing; and the general powers and 
 26.30  duties of a guardian; 
 26.31     (2) determine the respondent's views about the proposed 
 26.32  guardian, the proposed guardian's powers and duties, and the 
 26.33  scope and duration of the proposed guardianship; 
 26.34     (3) inform the respondent of the right to employ and 
 26.35  consult with a lawyer at the respondent's own expense and the 
 26.36  right to request a court-appointed lawyer; and 
 27.1      (4) inform the respondent that all costs and expenses of 
 27.2   the proceeding, including respondent's attorneys fees, will be 
 27.3   paid from the respondent's estate. 
 27.4      (d) In addition to the duties in paragraph (c), the visitor 
 27.5   shall make any other investigation the court directs. 
 27.6      (e) The visitor shall promptly file a report in writing 
 27.7   with the court, which must include: 
 27.8      (1) recommendations regarding the appropriateness of 
 27.9   guardianship, including whether less restrictive means of 
 27.10  intervention are available, the type of guardianship, and, if a 
 27.11  limited guardianship, the powers to be granted to the limited 
 27.12  guardian; 
 27.13     (2) a statement as to whether the respondent approves or 
 27.14  disapproves of the proposed guardian, and the powers and duties 
 27.15  proposed or the scope of the guardianship; and 
 27.16     (3) any other matters the court directs. 
 27.17     Sec. 31.  [524.5-307] [JUDICIAL APPOINTMENT OF GUARDIAN; 
 27.18  PRESENCE AND RIGHTS AT HEARING.] 
 27.19     (a) Unless excused by the court for good cause, the 
 27.20  petitioner and the proposed guardian shall attend the hearing.  
 27.21  The respondent shall attend and participate in the hearing, 
 27.22  unless excused by the court for good cause.  The petitioner and 
 27.23  respondent may present evidence and subpoena witnesses and 
 27.24  documents; examine witnesses, including the visitor; and 
 27.25  otherwise participate in the hearing.  The hearing may be held 
 27.26  in a location convenient to the respondent and may be closed 
 27.27  upon the request of the respondent and a showing of good cause. 
 27.28     (b) Any person may request permission to participate in the 
 27.29  proceeding.  The court may grant the request, with or without 
 27.30  hearing, upon a showing of good cause and after determining that 
 27.31  the best interest of the respondent will be served.  The court 
 27.32  may attach appropriate conditions to the participation. 
 27.33     Sec. 32.  [524.5-308] [NOTICE.] 
 27.34     (a) A copy of the petition and notice of the hearing on a 
 27.35  petition for guardianship must be served personally on the 
 27.36  respondent pursuant to section 524.5-304, paragraph (c).  The 
 28.1   notice must include a statement that the respondent must be 
 28.2   physically present unless excused by the court; inform the 
 28.3   respondent of the respondent's rights at the hearing; and 
 28.4   include a description of the nature, purpose, and consequences 
 28.5   of an appointment.  A failure to serve the respondent with a 
 28.6   notice substantially complying with this paragraph precludes the 
 28.7   court from granting the petition. 
 28.8      (b) In a proceeding to establish a guardianship, notice of 
 28.9   the hearing shall also be given to the persons listed in the 
 28.10  petition.  Failure to give notice under this paragraph does not 
 28.11  preclude the appointment of a guardian or the making of a 
 28.12  protective order. 
 28.13     (c) Notice of the hearing on a petition for an order after 
 28.14  appointment of a guardian shall be given to interested persons 
 28.15  pursuant to section 524.5-113 and to any other person as ordered 
 28.16  by the court, except notice to the ward is not required if the 
 28.17  ward has not attained 14 years of age and is not the petitioner. 
 28.18     (d) The guardian shall give notice of the filing of the 
 28.19  guardian's report, together with a copy of the report, to the 
 28.20  ward and any other person the court directs.  The notice must be 
 28.21  sent or delivered within 14 days after the filing of the report. 
 28.22     Sec. 33.  [524.5-309] [WHO MAY BE GUARDIAN:  PRIORITIES.] 
 28.23     (a) Subject to paragraph (c), the court in appointing a 
 28.24  guardian shall consider persons otherwise qualified in the 
 28.25  following order of priority: 
 28.26     (1) a guardian, other than a temporary or emergency 
 28.27  guardian, currently acting for the respondent in this state or 
 28.28  elsewhere; 
 28.29     (2) an agent appointed by the respondent under a health 
 28.30  care directive pursuant to chapter 145C; 
 28.31     (3) the spouse of the respondent or a person nominated by 
 28.32  will or other signed writing executed in the same manner as a 
 28.33  health care directive pursuant to chapter 145C of a deceased 
 28.34  spouse; 
 28.35     (4) an adult child of the respondent; 
 28.36     (5) a parent of the respondent, or an individual nominated 
 29.1   by will or other signed writing executed in the same manner as a 
 29.2   health care directive pursuant to chapter 145C of a deceased 
 29.3   parent; and 
 29.4      (6) an adult with whom the respondent has resided for more 
 29.5   than six months before the filing of the petition. 
 29.6      (b) The court, acting in the best interest of the 
 29.7   respondent, may decline to appoint a person having priority and 
 29.8   appoint a person having a lower priority or no priority.  With 
 29.9   respect to persons having equal priority, the court shall select 
 29.10  the one it considers best qualified. 
 29.11     (c) Any individual or agency which provides residence, 
 29.12  custodial care, medical care, employment training or other care 
 29.13  or services for which they receive a fee may not be appointed as 
 29.14  guardian unless related to the respondent by blood, marriage, or 
 29.15  adoption. 
 29.16     Sec. 34.  [524.5-310] [FINDINGS; ORDER OF APPOINTMENT.] 
 29.17     (a) The court may appoint a limited or unlimited guardian 
 29.18  for a respondent only if it finds by clear and convincing 
 29.19  evidence that: 
 29.20     (1) the respondent is an incapacitated person; and 
 29.21     (2) the respondent's identified needs cannot be met by less 
 29.22  restrictive means, including use of appropriate technological 
 29.23  assistance. 
 29.24     (b) Alternatively, the court, with appropriate findings, 
 29.25  may treat the petition as one for a protective order under 
 29.26  section 524.5-401, enter any other appropriate order, or dismiss 
 29.27  the proceeding. 
 29.28     (c) The court, whenever feasible, shall grant to a guardian 
 29.29  only those powers necessitated by the ward's limitations and 
 29.30  demonstrated needs and make appointive and other orders that 
 29.31  will encourage the development of the ward's maximum 
 29.32  self-reliance and independence. 
 29.33     (d) Within 14 days after an appointment, a guardian shall 
 29.34  send or deliver to the ward, and counsel if represented at the 
 29.35  hearing, a copy of the order of appointment accompanied by a 
 29.36  notice which advises the ward of the right to appeal the 
 30.1   guardianship appointment in the time and manner provided by the 
 30.2   Rules of Appellate Procedure. 
 30.3      (e) Each year, within 30 days after the anniversary date of 
 30.4   an appointment, a guardian shall send or deliver to the ward a 
 30.5   notice of the right to request termination or modification of 
 30.6   the guardianship. 
 30.7      Sec. 35.  [524.5-311] [EMERGENCY GUARDIAN.] 
 30.8      (a) If the court finds that compliance with the procedures 
 30.9   of this article will likely result in substantial harm to the 
 30.10  respondent's health, safety, or welfare, and that no other 
 30.11  person appears to have authority and willingness to act in the 
 30.12  circumstances, the court, on petition by a person interested in 
 30.13  the respondent's welfare, may appoint an emergency guardian 
 30.14  whose authority may not exceed 60 days and who may exercise only 
 30.15  the powers specified in the order.  Immediately upon receipt of 
 30.16  the petition for an emergency guardianship, the court shall 
 30.17  appoint a lawyer to represent the respondent in the proceeding.  
 30.18  Except as otherwise provided in paragraph (b), reasonable notice 
 30.19  of the time and place of a hearing on the petition must be given 
 30.20  to the respondent and any other persons as the court directs. 
 30.21     (b) An emergency guardian may be appointed without notice 
 30.22  to the respondent and the respondent's lawyer only if the court 
 30.23  finds from affidavit or other sworn testimony that the 
 30.24  respondent will be substantially harmed before a hearing on the 
 30.25  appointment can be held.  If the court appoints an emergency 
 30.26  guardian without notice to the respondent, the respondent must 
 30.27  be given notice of the appointment within 48 hours after the 
 30.28  appointment.  The court shall hold a hearing on the 
 30.29  appropriateness of the appointment within five days after the 
 30.30  appointment. 
 30.31     (c) Appointment of an emergency guardian, with or without 
 30.32  notice, is not a determination of the respondent's incapacity. 
 30.33     (d) The court may remove an emergency guardian at any 
 30.34  time.  An emergency guardian shall make any report the court 
 30.35  requires.  In other respects, the provisions of this article 
 30.36  concerning guardians apply to an emergency guardian. 
 31.1      Sec. 36.  [524.5-312] [TEMPORARY SUBSTITUTE GUARDIAN.] 
 31.2      (a) If the court finds that a guardian is not effectively 
 31.3   performing the guardian's duties and that the welfare of the 
 31.4   ward requires immediate action, it may appoint a temporary 
 31.5   substitute guardian for the ward for a specified period not 
 31.6   exceeding six months.  Except as otherwise ordered by the court, 
 31.7   a temporary substitute guardian so appointed has the powers set 
 31.8   forth in the previous order of appointment.  The authority of 
 31.9   any unlimited or limited guardian previously appointed by the 
 31.10  court is suspended as long as a temporary substitute guardian 
 31.11  has authority.  If an appointment is made without previous 
 31.12  notice to the ward or the affected guardian, within five days 
 31.13  after the appointment, the court shall inform the ward or 
 31.14  guardian of the appointment. 
 31.15     (b) The court may remove a temporary substitute guardian at 
 31.16  any time.  A temporary substitute guardian shall make any report 
 31.17  the court requires.  In other respects, the provisions of this 
 31.18  article concerning guardians apply to a temporary substitute 
 31.19  guardian. 
 31.20     Sec. 37.  [524.5-313] [POWERS AND DUTIES OF GUARDIAN.] 
 31.21     (a) A guardian shall be subject to the control and 
 31.22  direction of the court at all times and in all things. 
 31.23     (b) The court shall grant to a guardian only those powers 
 31.24  necessary to provide for the demonstrated needs of the ward. 
 31.25     (c) The court may appoint a guardian if it determines that 
 31.26  all the powers and duties listed in this section are needed to 
 31.27  provide for the needs of the incapacitated person.  The court 
 31.28  may also appoint a guardian if it determines that a guardian is 
 31.29  needed to provide for the needs of the incapacitated person 
 31.30  through the exercise of some, but not all, of the powers and 
 31.31  duties listed in this section.  The duties and powers of a 
 31.32  guardian or those which the court may grant to a guardian 
 31.33  include, but are not limited to: 
 31.34     (1) the power to have custody of the ward and the power to 
 31.35  establish a place of abode within or outside the state, except 
 31.36  as otherwise provided in this clause.  The ward or any 
 32.1   interested person may petition the court to prevent or to 
 32.2   initiate a change in abode.  A ward may not be admitted to a 
 32.3   regional treatment center by the guardian except: 
 32.4      (i) after a hearing under chapter 253B; 
 32.5      (ii) for outpatient services; or 
 32.6      (iii) for the purpose of receiving temporary care for a 
 32.7   specific period of time not to exceed 90 days in any calendar 
 32.8   year; 
 32.9      (2) the duty to provide for the ward's care, comfort, and 
 32.10  maintenance needs, including food, clothing, shelter, health 
 32.11  care, social and recreational requirements, and, whenever 
 32.12  appropriate, training, education, and habilitation or 
 32.13  rehabilitation.  The guardian has no duty to pay for these 
 32.14  requirements out of personal funds.  Whenever possible and 
 32.15  appropriate, the guardian should meet these requirements through 
 32.16  governmental benefits or services to which the ward is entitled, 
 32.17  rather than from the ward's estate.  Failure to satisfy the 
 32.18  needs and requirements of this clause shall be grounds for 
 32.19  removal of a private guardian, but the guardian shall have no 
 32.20  personal or monetary liability; 
 32.21     (3) the duty to take reasonable care of the ward's 
 32.22  clothing, furniture, vehicles, and other personal effects, and, 
 32.23  if other property requires protection, the power to seek 
 32.24  appointment of a conservator of the estate.  The guardian must 
 32.25  give notice by mail to interested persons prior to the 
 32.26  disposition of the ward's clothing, furniture, vehicles, or 
 32.27  other personal effects.  The notice must inform the person of 
 32.28  the right to object to the disposition of the property within 
 32.29  ten days of the date of mailing and to petition the court for a 
 32.30  review of the guardian's proposed actions.  Notice of the 
 32.31  objection must be served by mail or personal service on the 
 32.32  guardian and the ward unless the ward is the objector.  The 
 32.33  guardian served with notice of an objection to the disposition 
 32.34  of the property may not dispose of the property unless the court 
 32.35  approves the disposition after a hearing; 
 32.36     (4)(i) The power to give any necessary consent to enable 
 33.1   the ward to receive necessary medical or other professional 
 33.2   care, counsel, treatment, or service, except that no guardian 
 33.3   may give consent for psychosurgery, electroshock, sterilization, 
 33.4   or experimental treatment of any kind unless the procedure is 
 33.5   first approved by order of the court as provided in this clause. 
 33.6   The guardian shall not consent to any medical care for the ward 
 33.7   which violates the known conscientious, religious, or moral 
 33.8   belief of the ward. 
 33.9      (ii) a guardian who believes a procedure described in item 
 33.10  (i) requiring prior court approval to be necessary for the 
 33.11  proper care of the ward, shall petition the court for an order 
 33.12  and, in the case of a public guardianship under chapter 252A, 
 33.13  obtain the written recommendation of the commissioner of human 
 33.14  services.  The court shall fix the time and place for the 
 33.15  hearing and shall give notice to the ward in such manner as 
 33.16  specified in section 524.5-308 and to interested persons.  The 
 33.17  court shall appoint an attorney to represent the ward who is not 
 33.18  represented by counsel, provided that such appointment shall 
 33.19  expire upon the expiration of the appeal time for the order 
 33.20  issued by the court under this section or the order dismissing a 
 33.21  petition, or upon such other time or event as the court may 
 33.22  direct.  In every case the court shall determine if the 
 33.23  procedure is in the best interest of the ward.  In making its 
 33.24  determination, the court shall consider a written medical report 
 33.25  which specifically considers the medical risks of the procedure, 
 33.26  whether alternative, less restrictive methods of treatment could 
 33.27  be used to protect the best interest of the ward, and any 
 33.28  recommendation of the commissioner of human services for a 
 33.29  public ward.  The standard of proof is that of clear and 
 33.30  convincing evidence. 
 33.31     (iii) In the case of a petition for sterilization of a 
 33.32  mentally retarded ward, the court shall appoint a licensed 
 33.33  physician, a psychologist who is qualified in the diagnosis and 
 33.34  treatment of mental retardation, and a social worker who is 
 33.35  familiar with the ward's social history and adjustment or the 
 33.36  case manager for the ward to examine or evaluate the ward and to 
 34.1   provide written reports to the court.  The reports shall 
 34.2   indicate why sterilization is being proposed, whether 
 34.3   sterilization is necessary and is the least intrusive method for 
 34.4   alleviating the problem presented, and whether it is in the best 
 34.5   interest of the ward.  The medical report shall specifically 
 34.6   consider the medical risks of sterilization, the consequences of 
 34.7   not performing the sterilization, and whether alternative 
 34.8   methods of contraception could be used to protect the best 
 34.9   interest of the ward. 
 34.10     (iv) Any ward whose right to consent to a sterilization has 
 34.11  not been restricted under this section or section 252A.101 may 
 34.12  be sterilized only if the ward consents in writing or there is a 
 34.13  sworn acknowledgment by an interested person of a nonwritten 
 34.14  consent by the ward.  The consent must certify that the ward has 
 34.15  received a full explanation from a physician or registered nurse 
 34.16  of the nature and irreversible consequences of the sterilization.
 34.17     (v) A guardian or the public guardian's designee who acts 
 34.18  within the scope of authority conferred by letters of 
 34.19  guardianship under section 252A.101, subdivision 7, and 
 34.20  according to the standards established in this chapter or in 
 34.21  chapter 252A shall not be civilly or criminally liable for the 
 34.22  provision of any necessary medical care, including, but not 
 34.23  limited to, the administration of psychotropic medication or the 
 34.24  implementation of aversive and deprivation procedures to which 
 34.25  the guardian or the public guardian's designee has consented. 
 34.26     (5) In the event there is no duly appointed conservator of 
 34.27  the ward's estate, the guardian shall have the power to approve 
 34.28  or withhold approval of any contract, except for necessities, 
 34.29  which the ward may make or wish to make. 
 34.30     (6) The duty and power to exercise supervisory authority 
 34.31  over the ward in a manner which limits civil rights and 
 34.32  restricts personal freedom only to the extent necessary to 
 34.33  provide needed care and services. 
 34.34     (7) If there is no acting conservator of the estate for the 
 34.35  ward, the guardian has the power to apply on behalf of the ward 
 34.36  for any assistance, services, or benefits available to the ward 
 35.1   through any unit of government. 
 35.2      (8) Unless otherwise ordered by the court, the ward retains 
 35.3   the right to vote. 
 35.4      Sec. 38.  [524.5-315] [RIGHTS AND IMMUNITIES OF GUARDIAN; 
 35.5   LIMITATIONS.] 
 35.6      (a) A guardian is entitled to reasonable compensation for 
 35.7   services as guardian and to reimbursement for expenditures made 
 35.8   on behalf of the ward, in a manner consistent with section 
 35.9   524.5-502. 
 35.10     (b) A guardian is not liable to a third person for acts of 
 35.11  the ward solely by reason of the relationship.  A guardian who 
 35.12  exercises reasonable care in choosing a third person providing 
 35.13  medical or other care, treatment, or service for the ward is not 
 35.14  liable for injury to the ward resulting from the wrongful 
 35.15  conduct of the third person. 
 35.16     (c) A guardian, without authorization of the court, may 
 35.17  revoke the appointment of an agent of a health care directive of 
 35.18  which the ward is the principal, but the guardian may not, 
 35.19  absent a court order, revoke the health care directive itself.  
 35.20  If a health care directive is in effect, absent an order of the 
 35.21  court to the contrary, a health care decision of the guardian 
 35.22  takes precedence over that of an agent. 
 35.23     (d) A guardian may not initiate the commitment of a ward to 
 35.24  an institution except in accordance with section 524.5-313. 
 35.25     Sec. 39.  [524.5-316] [REPORTS; MONITORING OF 
 35.26  GUARDIANSHIP.] 
 35.27     (a) A guardian shall report to the court in writing on the 
 35.28  condition of the ward at least annually and whenever ordered by 
 35.29  the court.  A report must state or contain: 
 35.30     (1) the current mental, physical, and social condition of 
 35.31  the ward; 
 35.32     (2) the living arrangements for all addresses of the ward 
 35.33  during the reporting period; 
 35.34     (3) the medical, educational, vocational, and other 
 35.35  services provided to the ward and the guardian's opinion as to 
 35.36  the adequacy of the ward's care; and 
 36.1      (4) a recommendation as to the need for continued 
 36.2   guardianship and any recommended changes in the scope of the 
 36.3   guardianship. 
 36.4      (b) The court may appoint a visitor to review a report, 
 36.5   interview the ward or guardian, and make any other investigation 
 36.6   the court directs. 
 36.7      (c) The court shall establish a system for monitoring 
 36.8   guardianships, including the filing and review of annual reports.
 36.9      Sec. 40.  [524.5-317] [TERMINATION OR MODIFICATION OF 
 36.10  GUARDIANSHIP.] 
 36.11     (a) A guardianship terminates upon the death of the ward or 
 36.12  upon order of the court. 
 36.13     (b) On petition of any person interested in the ward's 
 36.14  welfare the court may terminate a guardianship if the ward no 
 36.15  longer needs the assistance or protection of a guardian.  The 
 36.16  court may modify the type of appointment or powers granted to 
 36.17  the guardian if the extent of protection or assistance 
 36.18  previously granted is currently excessive or insufficient or the 
 36.19  ward's capacity to provide for support, care, education, health, 
 36.20  and welfare has so changed as to warrant that action. 
 36.21     (c) Except as otherwise ordered by the court for good 
 36.22  cause, the court, before terminating a guardianship, shall 
 36.23  follow the same procedures to safeguard the rights of the ward 
 36.24  as apply to a petition for guardianship.  Upon presentation by 
 36.25  the petitioner of evidence establishing a prima facie case for 
 36.26  termination, the court shall order the termination and discharge 
 36.27  the guardian unless it is proven that continuation of the 
 36.28  guardianship is in the best interest of the ward. 
 36.29                               PART 4
 36.30             PROTECTION OF PROPERTY OF PROTECTED PERSON
 36.31     Sec. 41.  [524.5-401] [PROTECTIVE PROCEEDING.] 
 36.32     Upon petition and after notice and hearing, the court may 
 36.33  appoint a limited or unlimited conservator or make any other 
 36.34  protective order provided in this part in relation to the estate 
 36.35  and affairs of: 
 36.36     (1) a minor, if the court determines that the minor owns 
 37.1   money or property requiring management or protection that cannot 
 37.2   otherwise be provided or has or may have business affairs that 
 37.3   may be jeopardized or prevented because of the minor's age, or 
 37.4   that money is needed for support and education and that 
 37.5   protection is necessary or desirable to obtain or provide money; 
 37.6   and 
 37.7      (2) any individual, including a minor, if the court 
 37.8   determines that, for reasons other than age: 
 37.9      (i) by clear and convincing evidence, the individual is 
 37.10  unable to manage property and business affairs because of an 
 37.11  impairment in the ability to receive and evaluate information or 
 37.12  make decisions, even with the use of appropriate technological 
 37.13  assistance, or because the individual is missing, detained, or 
 37.14  unable to return to the United States; and 
 37.15     (ii) by a preponderance of evidence, the individual has 
 37.16  property that will be wasted or dissipated unless management is 
 37.17  provided or money is needed for the support, care, education, 
 37.18  health, and welfare of the individual or of individuals who are 
 37.19  entitled to the individual's support and that protection is 
 37.20  necessary or desirable to obtain or provide money. 
 37.21     Sec. 42.  [524.5-402] [JURISDICTION OVER BUSINESS AFFAIRS 
 37.22  OF PROTECTED PERSON.] 
 37.23     After the service of notice in a proceeding seeking a 
 37.24  conservatorship or other protective order and until termination 
 37.25  of the proceeding, the court in which the petition is filed has: 
 37.26     (1) exclusive jurisdiction to determine the need for a 
 37.27  conservatorship or other protective order; 
 37.28     (2) exclusive jurisdiction to determine how the estate of 
 37.29  the protected person which is subject to the laws of this state 
 37.30  must be managed, expended, or distributed to or for the use of 
 37.31  the protected person, individuals who are in fact dependent upon 
 37.32  the protected person, or other claimants; and 
 37.33     (3) concurrent jurisdiction to determine the validity of 
 37.34  claims against the person or estate of the protected person and 
 37.35  questions of title concerning assets of the estate. 
 37.36     Sec. 43.  [524.5-403] [ORIGINAL PETITION FOR APPOINTMENT OR 
 38.1   PROTECTIVE ORDER.] 
 38.2      (a) The following may petition for the appointment of a 
 38.3   conservator or for any other appropriate protective order: 
 38.4      (1) the person to be protected; 
 38.5      (2) an individual interested in the estate, affairs, or 
 38.6   welfare of the person to be protected, or 
 38.7      (3) a person who would be adversely affected by lack of 
 38.8   effective management of the property and business affairs of the 
 38.9   person to be protected. 
 38.10     (b) The petition must set forth the petitioner's name, 
 38.11  residence, current address if different, relationship to the 
 38.12  respondent, and interest in the appointment or other protective 
 38.13  order, and, to the extent known, state or contain the following 
 38.14  with respect to the respondent and the relief requested: 
 38.15     (1) the respondent's name, age, principal residence, 
 38.16  current street address, and, if different, the address of the 
 38.17  dwelling where it is proposed that the respondent will reside if 
 38.18  the appointment is made; 
 38.19     (2) if the petition alleges impairment in the respondent's 
 38.20  ability to receive and evaluate information, a brief description 
 38.21  of the nature and extent of the respondent's alleged impairment; 
 38.22     (3) if the petition alleges that the respondent is missing, 
 38.23  detained, or unable to return to the United States, a statement 
 38.24  of the relevant circumstances, including the time and nature of 
 38.25  the disappearance or detention and a description of any search 
 38.26  or inquiry concerning the respondent's whereabouts; 
 38.27     (4) the name and address of the respondent's: 
 38.28     (i) spouse, or if the respondent has none, an adult with 
 38.29  whom the respondent has resided for more than six months before 
 38.30  the filing of the petition; and 
 38.31     (ii) adult children or, if the respondent has none, the 
 38.32  respondent's parents and adult brothers and sisters or, if the 
 38.33  respondent has none, at least one of the adults nearest in 
 38.34  kinship to the respondent who can be found; 
 38.35     (5) the name of the administrative head and address of the 
 38.36  institution where the respondent is a patient, resident, or 
 39.1   client of any hospital, nursing home, home care agency, or other 
 39.2   institution; 
 39.3      (6) the name and address of any legal representative for 
 39.4   the respondent; 
 39.5      (7) the name and address of any health care agent or proxy 
 39.6   appointed pursuant to a health care directive as defined in 
 39.7   section 145C.01, a living will under chapter 145B, or other 
 39.8   similar document executed in another state and enforceable under 
 39.9   the laws of this state; 
 39.10     (8) a general statement of the respondent's property with 
 39.11  an estimate of its value, including any insurance or pension, 
 39.12  and the source and amount of other anticipated income or 
 39.13  receipts; and 
 39.14     (9) the reason why a conservatorship or other protective 
 39.15  order is in the best interest of the respondent. 
 39.16     (c) If a conservatorship is requested, the petition must 
 39.17  also set forth to the extent known: 
 39.18     (1) the name and address of any proposed conservator and 
 39.19  the reason why the proposed conservator should be selected; 
 39.20     (2) the name and address of any person nominated as 
 39.21  conservator by the respondent if the respondent has attained 14 
 39.22  years of age; and 
 39.23     (3) the type of conservatorship requested and, if an 
 39.24  unlimited conservatorship, the reason why limited 
 39.25  conservatorship is inappropriate or, if a limited 
 39.26  conservatorship, the property to be placed under the 
 39.27  conservator's control and any limitation on the conservator's 
 39.28  powers and duties. 
 39.29     Sec. 44. [524.5-404] [NOTICE.] 
 39.30     (a) A copy of the petition and the notice of hearing on a 
 39.31  petition for conservatorship or other protective order must be 
 39.32  served personally on the respondent pursuant to section 
 39.33  524.5-406, paragraph (c), but if the respondent's location is 
 39.34  unknown or personal service cannot be made, service on the 
 39.35  respondent must be made by substituted service or publication.  
 39.36  The notice must include a statement that the respondent must be 
 40.1   physically present unless excused by the court, inform the 
 40.2   respondent of the respondent's rights at the hearing, and, if 
 40.3   the appointment of a conservator is requested, include a 
 40.4   description of the nature, purpose, and consequences of an 
 40.5   appointment.  A failure to serve the respondent with a notice 
 40.6   substantially complying with this paragraph precludes the court 
 40.7   from granting the petition. 
 40.8      (b) In a proceeding to establish a conservatorship or for 
 40.9   another protective order, notice of the hearing shall also be 
 40.10  given to the persons listed in the petition.  Failure to give 
 40.11  notice under this paragraph does not preclude the appointment of 
 40.12  a conservator or the making of another protective order. 
 40.13     (c) Notice of the hearing on a petition for an order after 
 40.14  appointment of a conservator or making of another protective 
 40.15  order, shall be given to interested persons pursuant to section 
 40.16  524.5-113 and to any other person as ordered by the court, 
 40.17  except notice to the protected person is not required if the 
 40.18  protected person has not attained 14 years of age and is not 
 40.19  missing, detained, or unable to return to the United States. 
 40.20     (d) The conservator shall give notice of the filing of the 
 40.21  conservator's inventory, together with a copy of the inventory, 
 40.22  to the protected person and any other person the court directs.  
 40.23  The notice must be sent or delivered within 14 days after the 
 40.24  filing of the inventory. 
 40.25     Sec. 45.  [524.5-405] [ORIGINAL PETITION:  MINORS; 
 40.26  PRELIMINARIES TO HEARING.] 
 40.27     (a) Upon the filing of a petition to establish a 
 40.28  conservatorship or for another protective order for the reason 
 40.29  that the respondent is a minor, the court shall set a date for 
 40.30  hearing.  If the court determines at any stage of the proceeding 
 40.31  that the interests of the minor are or may be inadequately 
 40.32  represented, it may appoint a lawyer to represent the minor, 
 40.33  giving consideration to the choice of the minor if the minor has 
 40.34  attained 14 years of age. 
 40.35     (b) While a petition to establish a conservatorship or for 
 40.36  another protective order is pending, after preliminary hearing 
 41.1   and without notice to others, the court may make orders to 
 41.2   preserve and apply the property of the minor as may be required 
 41.3   for the support of the minor or individuals who are in fact 
 41.4   dependent upon the minor, and may appoint an agent to assist in 
 41.5   that task. 
 41.6      Sec. 46.  [524.5-406] [ORIGINAL PETITION:  PERSONS UNDER 
 41.7   DISABILITY; PRELIMINARIES TO HEARING.] 
 41.8      (a) Upon the filing of a petition for a conservatorship or 
 41.9   other protective order for a respondent for reasons other than 
 41.10  being a minor, the court shall set a date for hearing.  The 
 41.11  court shall appoint a visitor.  The duties and reporting 
 41.12  requirements of the visitor are limited to the relief requested 
 41.13  in the petition.  The visitor must be an individual having 
 41.14  training or experience in the type of incapacity alleged. 
 41.15     (b) A respondent has the right to be represented by counsel 
 41.16  at any proceeding under this article.  The court shall appoint 
 41.17  counsel to represent the respondent for the initial proceeding 
 41.18  held pursuant to section 524.5-408 if neither the respondent nor 
 41.19  others provide counsel, unless in a meeting with a visitor, the 
 41.20  proposed respondent specifically waives the right to counsel.  
 41.21  Counsel must be appointed immediately after any petition under 
 41.22  this part is served pursuant to section 524.5-404.  Counsel has 
 41.23  the full right of subpoena.  In all proceedings under this part, 
 41.24  counsel shall: 
 41.25     (1) consult with the respondent before any hearing; 
 41.26     (2) be given adequate time to prepare for all hearings; and 
 41.27     (3) continue to represent the respondent throughout any 
 41.28  proceedings under section 524.5-408, provided that such 
 41.29  appointment shall expire upon the expiration of the appeal time 
 41.30  for the order appointing conservator or the order dismissing a 
 41.31  petition, or upon such other time or event as the court may 
 41.32  direct. 
 41.33     The court need not appoint counsel to represent the 
 41.34  respondent on a voluntary petition, and the court may remove a 
 41.35  court-appointed attorney at any time if the court finds that the 
 41.36  respondent has made a knowing and intelligent waiver of the 
 42.1   right to counsel or has obtained private counsel. 
 42.2      (c) The visitor shall personally serve the notice and 
 42.3   petition upon the respondent and shall offer to read the notice 
 42.4   and petition to the respondent, and if so requested, the visitor 
 42.5   shall read the notice and petition to such person.  The visitor 
 42.6   shall also interview the respondent in person, and to the extent 
 42.7   that the respondent is able to understand: 
 42.8      (1) explain to the respondent the substance of the petition 
 42.9   and the nature, purpose, and effect of the proceeding; 
 42.10     (2) if the appointment of a conservator is requested, 
 42.11  inform the respondent of the general powers and duties of a 
 42.12  conservator and determine the respondent's views regarding the 
 42.13  proposed conservator, the proposed conservator's powers and 
 42.14  duties, and the scope and duration of the proposed 
 42.15  conservatorship; 
 42.16     (3) inform the respondent of the respondent's rights, 
 42.17  including the right to employ and consult with a lawyer at the 
 42.18  respondent's own expense, and the right to request a 
 42.19  court-appointed lawyer; and 
 42.20     (4) inform the respondent that all costs and expenses of 
 42.21  the proceeding, including respondent's attorney fees, will be 
 42.22  paid from the respondent's estate. 
 42.23     (d) In addition to the duties set out in paragraph (c), the 
 42.24  visitor shall make any other investigations the court directs. 
 42.25     (e) The visitor shall promptly file a report with the court 
 42.26  which must include: 
 42.27     (1) recommendations regarding the appropriateness of a 
 42.28  conservatorship, including whether less restrictive means of 
 42.29  intervention are available, the type of conservatorship, and, if 
 42.30  a limited conservatorship, the powers and duties to be granted 
 42.31  the limited conservator, and the assets over which the 
 42.32  conservator should be granted authority; 
 42.33     (2) a statement as to whether the respondent approves or 
 42.34  disapproves of the proposed conservator, and the powers and 
 42.35  duties proposed or the scope of the conservatorship; and 
 42.36     (3) any other matters the court directs. 
 43.1      (f) While a petition to establish a conservatorship or for 
 43.2   another protective order is pending, after preliminary hearing 
 43.3   and without notice to others, the court may make orders to 
 43.4   preserve and apply the property of the respondent as may be 
 43.5   required for the support of the respondent or individuals who 
 43.6   are in fact dependent upon the respondent, and may appoint an 
 43.7   agent to assist in that task. 
 43.8      Sec. 47.  [524.5-408] [ORIGINAL PETITION:  PROCEDURE AT 
 43.9   HEARING.] 
 43.10     (a) Unless excused by the court for good cause, the 
 43.11  petitioner and a proposed conservator shall attend the hearing.  
 43.12  The respondent shall attend and participate in the hearing 
 43.13  unless excused by the court for good cause.  The petitioner and 
 43.14  respondent may present evidence and subpoena witnesses and 
 43.15  documents, examine witnesses, including the visitor, and 
 43.16  otherwise participate in the hearing.  The hearing may be held 
 43.17  in a location convenient to the respondent and may be closed 
 43.18  upon request of the respondent and a showing of good cause. 
 43.19     (b) Any person may request permission to participate in the 
 43.20  proceeding.  The court may grant the request, with or without 
 43.21  hearing, upon a showing of good cause and after determining that 
 43.22  the best interest of the respondent will be served.  The court 
 43.23  may attach appropriate conditions to the participation. 
 43.24     Sec. 48.  [524.5-409] [FINDINGS; ORDER OF APPOINTMENT.] 
 43.25     (a) The court may appoint a limited or unlimited 
 43.26  conservator for a respondent only if it finds that: 
 43.27     (1) by clear and convincing evidence, the individual is 
 43.28  unable to manage property and business affairs because of an 
 43.29  impairment in the ability to receive and evaluate information or 
 43.30  make decisions, even with the use of appropriate technological 
 43.31  assistance, or because the individual is missing, detained, or 
 43.32  unable to return to the United States; 
 43.33     (2) by a preponderance of evidence, the individual has 
 43.34  property that will be wasted or dissipated unless management is 
 43.35  provided or money is needed for the support, care, education, 
 43.36  health, and welfare of the individual or of individuals who are 
 44.1   entitled to the individual's support and that protection is 
 44.2   necessary or desirable to obtain or provide money; and 
 44.3      (3) the respondent's identified needs cannot be met by less 
 44.4   restrictive means, including use of appropriate technological 
 44.5   assistance. 
 44.6      (b) Alternatively, the court, with appropriate findings, 
 44.7   may enter any other appropriate order, or dismiss the proceeding.
 44.8      (c) The court, whenever feasible, shall grant to a 
 44.9   conservator only those powers necessitated by the protected 
 44.10  person's limitations and demonstrated needs and make appointive 
 44.11  and other orders that will encourage the development of the 
 44.12  protected person's maximum self-reliance and independence. 
 44.13     (d) Within 14 days after an appointment, the conservator 
 44.14  shall send or deliver to the protected person, if the protected 
 44.15  person has attained 14 years of age and is not missing, 
 44.16  detained, or unable to return to the United States, and counsel 
 44.17  if represented at the hearing, a copy of the order of 
 44.18  appointment accompanied by a notice which advises the protected 
 44.19  person of the right to appeal the conservatorship appointment in 
 44.20  the time and manner provided by the Rules of Appellate Procedure.
 44.21     (e) Each year, within 30 days after the anniversary date of 
 44.22  an appointment, a conservator shall send or deliver to the 
 44.23  protected person a notice of the right to request termination or 
 44.24  modification of the conservatorship. 
 44.25     (f) The appointment of a conservator or the entry of 
 44.26  another protective order is not a determination of incapacity of 
 44.27  the protected person. 
 44.28     Sec. 49.  [524.5-410] [POWERS OF COURT.] 
 44.29     (a) After hearing and upon determining that a basis for a 
 44.30  conservatorship or other protective order exists, the court has 
 44.31  the following powers, which may be exercised directly or through 
 44.32  a conservator: 
 44.33     (1) with respect to a minor for reasons of age, all the 
 44.34  powers over the estate and business affairs of the minor which 
 44.35  may be necessary for the best interest of the minor and members 
 44.36  of the minor's immediate family; and 
 45.1      (2) with respect to an adult, or to a minor for reasons 
 45.2   other than age, for the benefit of the protected person and 
 45.3   individuals who are in fact dependent on the protected person 
 45.4   for support, all the powers over the estate and business affairs 
 45.5   of the protected person which the protected person could 
 45.6   exercise if an adult, present, and not under conservatorship or 
 45.7   other protective order. 
 45.8      (b) Subject to the provisions of section 524.5-110 relating 
 45.9   to letters of office, the court may at any time limit the powers 
 45.10  of a conservator otherwise conferred and may remove or modify 
 45.11  any limitation. 
 45.12     Sec. 50.  [524.5-411] [REQUIRED COURT APPROVAL.] 
 45.13     (a) After notice to affected persons as provided in this 
 45.14  section, and after hearing, and upon express authorization of 
 45.15  the court, a conservator may: 
 45.16     (1) make gifts; 
 45.17     (2) convey, release, or disclaim contingent and expectant 
 45.18  interests in property, including marital property rights and any 
 45.19  right of survivorship incident to joint tenancy or tenancy by 
 45.20  the entireties; 
 45.21     (3) exercise or release a power of appointment; 
 45.22     (4) create a revocable or irrevocable trust of property of 
 45.23  the estate, whether or not the trust extends beyond the duration 
 45.24  of the conservatorship, or to revoke or amend a trust revocable 
 45.25  by the protected person; 
 45.26     (5) subject to the terms of the plan document, contract, or 
 45.27  agreement, exercise rights to elect options and change 
 45.28  beneficiaries under insurance policies and annuities or 
 45.29  surrender the policies and annuities for their cash value, and 
 45.30  any change pursuant to this clause, shall invalidate the 
 45.31  existing elections and beneficiary designations; 
 45.32     (6) exercise any right to exempt property and an elective 
 45.33  share in the estate of the protected person's deceased spouse 
 45.34  and to renounce or disclaim any interest by testate or intestate 
 45.35  succession or by transfer inter vivos; 
 45.36     (7) subject to the terms of the plan document, contract, or 
 46.1   agreement, exercise rights to elect options and change 
 46.2   beneficiaries under any qualified or nonqualified retirement 
 46.3   plan including, but not limited to, defined benefit plans, 
 46.4   defined contribution plans, plans governed by sections 401(k), 
 46.5   403, 408, or 457 of the Internal Revenue Code and the 
 46.6   regulations thereto, and the right to exercise the options 
 46.7   provided a plan participant or beneficiary under section 401 and 
 46.8   related provisions of the Internal Revenue Code and the 
 46.9   regulations thereto, and any change pursuant to this clause, 
 46.10  shall invalidate the existing elections and beneficiary 
 46.11  designations; 
 46.12     (8) exercise the power to create, terminate, or alter the 
 46.13  beneficial interests and beneficiaries of, a payable on death 
 46.14  (POD) account, a transfer on death (TOD) security registration 
 46.15  or account, or joint tenancy interests with rights of 
 46.16  survivorship; and 
 46.17     (9) make, amend, or revoke the protected person's will. 
 46.18     (b) Notice of any hearing pursuant to this section shall 
 46.19  not be given pursuant to section 524.5-113.  Notice of any 
 46.20  hearing under this section shall be given to all affected 
 46.21  persons, in plain language, and shall provide the time and place 
 46.22  of the hearing and be given by mail postmarked at least 14 days 
 46.23  before the hearing.  Proof of notice must be made before or at 
 46.24  the hearing and filed in the proceeding.  For purposes of this 
 46.25  section, notice to "affected persons": 
 46.26     (1) shall always include (i) the protected person, (ii) the 
 46.27  duly appointed conservator, (iii) the protected person's 
 46.28  heirs-at-law, (iv) any state agency or county social services 
 46.29  agency paying benefits to or for the benefit of the protected 
 46.30  person, and (v) subject to the limitations of paragraph (c), all 
 46.31  beneficiaries of the protected person's existing will or 
 46.32  revocable trust; 
 46.33     (2) shall also include, subject to the limitations of 
 46.34  paragraph (c), any person who has a beneficial vested or 
 46.35  contingent interest that may be affected by the exercise of the 
 46.36  power under this section; and 
 47.1      (3) shall also include any other persons designated by the 
 47.2   court. 
 47.3      (c) For purposes of this section, when giving notice, or 
 47.4   for purposes of giving consent or approval, or objecting with 
 47.5   regard to any proceedings under this section, the sole holder or 
 47.6   all coholders of a presently exercisable or testamentary general 
 47.7   power of appointment, power of revocation, or unlimited power of 
 47.8   withdrawal, under an existing will or trust, are deemed to 
 47.9   represent and act for beneficiaries to the extent that their 
 47.10  interests as objects, takers in default, or otherwise, are 
 47.11  subject to the power. 
 47.12     (d) A conservator, in making, amending, or revoking the 
 47.13  protected person's will, shall comply with section 524.2-501 to 
 47.14  524.2-517 acting on behalf of the protected person. 
 47.15     (e) The court, in exercising or in approving a 
 47.16  conservator's exercise of the powers listed in paragraph (a), 
 47.17  shall consider primarily the decision that the protected person 
 47.18  would have made, to the extent that the decision can be 
 47.19  ascertained.  The court shall also consider: 
 47.20     (1) the financial needs of the protected person and the 
 47.21  needs of individuals who are dependent on the protected person 
 47.22  for support and the interests of creditors; 
 47.23     (2) possible effect on income, estate, gift, inheritance, 
 47.24  or other tax liabilities; 
 47.25     (3) eligibility for governmental assistance; 
 47.26     (4) the protected person's previous pattern of giving or 
 47.27  level of support; 
 47.28     (5) the existing estate plan; 
 47.29     (6) the protected person's life expectancy and the 
 47.30  probability that the conservatorship will terminate before the 
 47.31  protected person's death; and 
 47.32     (7) any other factors the court considers relevant. 
 47.33     (f) If an affected person, as defined in this article, is a 
 47.34  minor or an incapacitated person as defined by this article and 
 47.35  has no guardian or conservator within the state, or if an 
 47.36  affected person is unborn, unascertained, or a person whose 
 48.1   identity or address is unknown to the petitioner, the court 
 48.2   shall represent that person, unless the court, upon the 
 48.3   application of the guardian, conservator or any other affected 
 48.4   person, appoints a guardian ad litem to represent the affected 
 48.5   person. 
 48.6      (g) Notwithstanding the power granted to the conservator by 
 48.7   the court under this section, the conservator owes no duty to 
 48.8   any person other than the protected person.  The conservator 
 48.9   shall not be held liable for the exercise or the failure to 
 48.10  exercise, or the decision to exercise or the decision to decline 
 48.11  to exercise, the powers granted by this section.  The 
 48.12  conservator, however, may be held liable to the protected 
 48.13  person's estate for gross negligence related to the 
 48.14  implementation of any action approved by the court under this 
 48.15  section. 
 48.16     (h) The Uniform Guardianship and Protective Proceedings Act 
 48.17  does not repeal section 524.2-215 as it applies to wards, 
 48.18  protected persons, or respondents, expressly or by implication.  
 48.19  If there is a conflict between the act and section 524.2-215, 
 48.20  section 524.2-215 controls and the guardian or conservator shall 
 48.21  exercise the rights of the ward, protected person, or respondent 
 48.22  under section 524.2-215 without the need for any court order. 
 48.23     Sec. 51.  [524.5-412] [PROTECTIVE ARRANGEMENTS AND SINGLE 
 48.24  TRANSACTIONS.] 
 48.25     (a) If a basis is established for a protective order with 
 48.26  respect to an individual, the court, without appointing a 
 48.27  conservator, may: 
 48.28     (1) authorize, direct, or ratify any transaction necessary 
 48.29  or desirable to achieve any arrangement for security, service, 
 48.30  or care meeting the foreseeable needs of the protected person, 
 48.31  including: 
 48.32     (i) subject to the procedural and notice requirements of 
 48.33  section 524.5-418A, the sale, mortgage, lease, or other transfer 
 48.34  of property; 
 48.35     (ii) purchase of an annuity; 
 48.36     (iii) making a contract for lifetime care, a deposit 
 49.1   contract, or a contract for training and education; or 
 49.2      (iv) addition to or establishment of a suitable trust, 
 49.3   including a trust created under the Uniform Custodial Trust Act; 
 49.4   and 
 49.5      (2) authorize, direct, or ratify any other contract, trust, 
 49.6   will, or transaction relating to the protected person's property 
 49.7   and business affairs, including a settlement of a claim, upon 
 49.8   determining that it is in the best interest of the protected 
 49.9   person. 
 49.10     (b) In deciding whether to approve a protective arrangement 
 49.11  or other transaction under this section, the court shall 
 49.12  consider the factors listed in section 524.5-411, paragraph (e). 
 49.13     (c) The court may appoint an agent to assist in the 
 49.14  accomplishment of any protective arrangement or other 
 49.15  transaction authorized under this section.  The agent has the 
 49.16  authority conferred by the order and shall serve until 
 49.17  discharged by order after report to the court; provided, 
 49.18  however, that if a conservator is appointed, only the 
 49.19  conservator has the power to sign all real estate deeds. 
 49.20     Sec. 52.  [524.5-413] [WHO MAY BE CONSERVATOR; PRIORITIES.] 
 49.21     (a) Except as otherwise provided in paragraph (d), the 
 49.22  court, in appointing a conservator, shall consider persons 
 49.23  otherwise qualified in the following order of priority: 
 49.24     (1) a conservator, guardian of the estate, or other like 
 49.25  fiduciary appointed or recognized by an appropriate court of any 
 49.26  other jurisdiction in which the protected person resides; 
 49.27     (2) a person nominated as conservator by the respondent, 
 49.28  including the respondent's most recent nomination made in a 
 49.29  durable power of attorney, if the respondent has attained 14 
 49.30  years of age and at the time of the nomination had sufficient 
 49.31  capacity to express a preference; 
 49.32     (3) an agent appointed by the respondent to manage the 
 49.33  respondent's property under a durable power of attorney; 
 49.34     (4) the spouse of the respondent; 
 49.35     (5) an adult child of the respondent; 
 49.36     (6) a parent of the respondent; and 
 50.1      (7) an adult with whom the respondent has resided for more 
 50.2   than six months before the filing of the petition. 
 50.3      (b) A person having priority under paragraph (a), clause 
 50.4   (1), (4), (5), or (6), may designate in writing a substitute to 
 50.5   serve instead and thereby transfer the priority to the 
 50.6   substitute. 
 50.7      (c) The court, acting in the best interest of the protected 
 50.8   person, may decline to appoint a person having priority and 
 50.9   appoint a person having a lower priority or no priority.  With 
 50.10  respect to persons having equal priority, the court shall select 
 50.11  the one it considers best qualified. 
 50.12     (d) Any individual or agency which provides residence, 
 50.13  custodial care, medical care, employment training, or other care 
 50.14  or services for which they receive a fee may not be appointed as 
 50.15  conservator unless related to the respondent by blood, marriage, 
 50.16  or adoption. 
 50.17     Sec. 53.  [524.5-414] [PETITION FOR ORDER SUBSEQUENT TO 
 50.18  APPOINTMENT.] 
 50.19     (a) A protected person or an interested person may file a 
 50.20  petition in the appointing court for an order: 
 50.21     (1) requiring bond or collateral or additional bond or 
 50.22  collateral, or reducing bond; 
 50.23     (2) requiring an accounting for the administration of the 
 50.24  protected person's estate; 
 50.25     (3) directing distribution; 
 50.26     (4) removing the conservator and appointing a temporary or 
 50.27  successor conservator; 
 50.28     (5) modifying the type of appointment or powers granted to 
 50.29  the conservator if the extent of protection or management 
 50.30  previously granted is currently excessive or insufficient or the 
 50.31  protected person's ability to manage the estate and business 
 50.32  affairs has so changed as to warrant the action; or 
 50.33     (6) granting other appropriate relief. 
 50.34     (b) A conservator may petition the appointing court for 
 50.35  instructions concerning fiduciary responsibility. 
 50.36     (c) On notice and hearing the petition, the court may give 
 51.1   appropriate instructions and make any appropriate order. 
 51.2      (d) The court may, at its own discretion, waive the notice 
 51.3   or hearing requirements for the relief requested in a petition 
 51.4   filed under this section. 
 51.5      Sec. 54.  [524.5-415] [BOND.] 
 51.6      The court may require a conservator to furnish a bond 
 51.7   conditioned upon faithful discharge of all duties of the 
 51.8   conservatorship according to law, with sureties as it may 
 51.9   specify. 
 51.10     Sec. 55.  [524.5-416] [TERMS AND REQUIREMENTS OF BOND.] 
 51.11     (a) The following rules apply to any bond required: 
 51.12     (1) Except as otherwise provided by the terms of the bond, 
 51.13  sureties and the conservator are jointly and severally liable. 
 51.14     (2) By executing the bond of a conservator, a surety 
 51.15  submits to the jurisdiction of the court that issued letters to 
 51.16  the primary obligor in any proceeding pertaining to the 
 51.17  fiduciary duties of the conservator in which the surety is named 
 51.18  as a party.  Notice of any proceeding must be sent or delivered 
 51.19  to the surety at the address shown in the court records at the 
 51.20  place where the bond is filed and to any other address then 
 51.21  known to the petitioner. 
 51.22     (3) On petition of a successor conservator or any 
 51.23  interested person, a proceeding may be brought against a surety 
 51.24  for breach of the obligation of the bond of the conservator. 
 51.25     (4) The bond of the conservator may be proceeded against 
 51.26  until liability under the bond is exhausted. 
 51.27     (b) A proceeding may not be brought against a surety on any 
 51.28  matter as to which an action or proceeding against the primary 
 51.29  obligor is barred. 
 51.30     Sec. 56.  [524.5-418] [GENERAL POWERS AND DUTIES OF 
 51.31  CONSERVATOR.] 
 51.32     (a) A conservator shall be subject to the control and 
 51.33  direction of the court at all times and in all things. 
 51.34     (b) The court shall grant to a conservator only those 
 51.35  powers necessary to provide for the demonstrated needs of the 
 51.36  protected person. 
 52.1      (c) The court may appoint a conservator of the estate if it 
 52.2   determines that all the powers and duties listed in this section 
 52.3   are needed to provide for the needs of the protected person.  
 52.4   The court may also appoint a conservator if it determines that a 
 52.5   conservator is necessary to provide for the needs of the 
 52.6   protected person through the exercise of some, but not all, of 
 52.7   the powers and duties listed in this section.  The duties and 
 52.8   powers of a conservator include, but are not limited to: 
 52.9      (1) the duty to pay the reasonable charges for the support, 
 52.10  maintenance, and education of the protected person in a manner 
 52.11  suitable to the protected person's station in life and the value 
 52.12  of the estate.  Nothing herein contained shall release parents 
 52.13  from obligations imposed by law for the support, maintenance, 
 52.14  and education of their children.  The conservator has no duty to 
 52.15  pay for these requirements out of personal funds.  Wherever 
 52.16  possible and appropriate, the conservator should meet these 
 52.17  requirements through governmental benefits or services to which 
 52.18  the protected person is entitled, rather than from the protected 
 52.19  person's estate.  Failure to satisfy the needs and requirements 
 52.20  of this section shall be grounds for removal, but the 
 52.21  conservator shall have no personal or monetary liability; 
 52.22     (2) the duty to pay out of the protected person's estate 
 52.23  all lawful debts of the protected person and the reasonable 
 52.24  charges incurred for the support, maintenance, and education of 
 52.25  the protected person's spouse and dependent children and, upon 
 52.26  order of the court, pay such sum as the court may fix as 
 52.27  reasonable for the support of any person unable to earn a 
 52.28  livelihood who is legally entitled to support from the protected 
 52.29  person; 
 52.30     (3) the duty to possess and manage the estate, collect all 
 52.31  debts and claims in favor of the protected person, or, with the 
 52.32  approval of the court, compromise them, institute suit on behalf 
 52.33  of the protected person and represent the protected person in 
 52.34  any court proceedings, and invest all funds not currently needed 
 52.35  for the debts and charges named in clauses (1) and (2) and the 
 52.36  management of the estate, in accordance with the provisions of 
 53.1   sections 48A.07, subdivision 6, and 501B.151, or as otherwise 
 53.2   ordered by the court.  The standard of a fiduciary shall be 
 53.3   applicable to all investments by a conservator.  A conservator 
 53.4   shall also have the power to purchase certain contracts of 
 53.5   insurance as provided in section 50.14, subdivision 14, clause 
 53.6   (b); 
 53.7      (4) where a protected person has inherited an undivided 
 53.8   interest in real estate, the court, on a showing that it is for 
 53.9   the best interest of the protected person, may authorize an 
 53.10  exchange or sale of the protected person's interest or a 
 53.11  purchase by the protected person of any interest other heirs may 
 53.12  have in the real estate, subject to the procedures and notice 
 53.13  requirements of section 524.5-418A; 
 53.14     (5) the power to approve or withhold approval of any 
 53.15  contract, except for necessities, which the protected person may 
 53.16  make or wish to make; and 
 53.17     (6) the power to apply on behalf of the protected person 
 53.18  for any assistance, services, or benefits available to the 
 53.19  protected person through any unit of government. 
 53.20     (d) The conservator shall have the power to revoke, 
 53.21  suspend, or terminate all or any part of a durable power of 
 53.22  attorney of which the protected person is the principal with the 
 53.23  same power the principal would have if the principal were not 
 53.24  incapacitated.  If a durable power of attorney is in effect, a 
 53.25  decision of the conservator takes precedence over that of an 
 53.26  attorney-in-fact. 
 53.27     (e) Transaction set aside.  If a protected person has made 
 53.28  a financial transaction or gift or entered into a contract 
 53.29  during the two-year period before establishment of the 
 53.30  conservatorship, the conservator may petition for court review 
 53.31  of the transaction, gift, or contract.  If the court finds that 
 53.32  the protected person was incapacitated or subject to duress, 
 53.33  coercion, or undue influence when the transaction, gift, or 
 53.34  contract was made, the court may declare the transaction, gift, 
 53.35  or contract void except as against a bona fide transferee for 
 53.36  value and order reimbursement or other appropriate relief.  This 
 54.1   paragraph does not affect any other right or remedy that may be 
 54.2   available to the protected person with respect to the 
 54.3   transaction, gift, or contract. 
 54.4      (f) After the filing of the petition, a certificate of the 
 54.5   district court certified to that fact may be filed for record 
 54.6   with the Minnesota secretary of state in the same manner as 
 54.7   provided in section 336.9-501.  The certificate shall state that 
 54.8   a petition is pending and the name and address of the person for 
 54.9   whom a conservator is sought.  If a conservator is appointed on 
 54.10  the petition, and if the conservatorship order removes or 
 54.11  restricts the right of the protected person to transfer property 
 54.12  or to contract, then all contracts except for necessaries, and 
 54.13  all transfers of personal property, tangible or intangible, 
 54.14  including, but not limited to, cash or securities transfers at 
 54.15  banks, brokerage houses, or other financial institutions, or 
 54.16  transfers of cash or securities, made by the protected person 
 54.17  after the filing and before the termination of the 
 54.18  conservatorship shall be voidable. 
 54.19     Sec. 57.  [524.5-418A] [GENERAL POWERS AND DUTIES OF 
 54.20  CONSERVATOR WITH RESPECT TO REAL PROPERTY.] 
 54.21     This section is applicable only to conservatorships and not 
 54.22  to decedents' estates.  As used in this section, the word 
 54.23  "mortgage" includes an extension of an existing mortgage, 
 54.24  subject to the provisions of this section, and the word "lease" 
 54.25  means a lease for one or more years, unless the context 
 54.26  indicates otherwise.  The conservator shall have the following 
 54.27  powers and duties with respect to conservatorship real property: 
 54.28     (a) The court may direct a sale, mortgage, or lease of any 
 54.29  real estate of a protected person when the personal property is 
 54.30  insufficient to pay debts and other charges against the estate, 
 54.31  or to provide for the support, maintenance, and education of the 
 54.32  protected person, a spouse, and dependent children, or when it 
 54.33  shall determine the sale, mortgage, or lease to be for the best 
 54.34  interest of the protected person.  The homestead of a protected 
 54.35  person shall not be sold, mortgaged, or leased unless the 
 54.36  written consent of the spouse has been filed. 
 55.1      (b) A conservator may file a petition to sell, mortgage, or 
 55.2   lease alleging briefly the facts constituting the reasons for 
 55.3   the application and describing the real estate involved 
 55.4   therein.  The petition may include all the real estate of the 
 55.5   protected person or any part or parts thereof.  It may apply for 
 55.6   different authority as to separate parcels.  It may apply in the 
 55.7   alternative for authority to sell, mortgage, or lease. 
 55.8      (1) Upon the filing of such petition, the court shall fix 
 55.9   the time and place for the hearing thereof.  Notice of the 
 55.10  hearing shall be given to interested persons and shall state 
 55.11  briefly the nature of the application made by the petition.  If 
 55.12  publication of notice is required by the court, published notice 
 55.13  shall be given by publication once a week for two consecutive 
 55.14  weeks in a legal newspaper designated by the petitioner in the 
 55.15  county wherein the proceedings are pending, or, if no such 
 55.16  designation be made, in any legal newspaper in the county, or, 
 55.17  if the city of the protected person's residence is situated in 
 55.18  more than one county, in any legal newspaper in the city.  The 
 55.19  first publication shall be had within two weeks after the date 
 55.20  of the order fixing the time and place for the hearing.  Proof 
 55.21  of publication and mailing shall be filed before the hearing.  
 55.22  No defect in any notice or in the publication or service thereof 
 55.23  shall invalidate any proceedings. 
 55.24     (2) Upon the hearing, the court shall have full power to 
 55.25  direct the sale, mortgage, or lease of all the real estate 
 55.26  described in the petition, or to direct the sale, mortgage, or 
 55.27  lease of any one or more parcels thereof, provided that any such 
 55.28  direction shall be within the terms of the application made by 
 55.29  the petition.  The order shall describe the real estate to be 
 55.30  sold, mortgaged, or leased, and may designate the sequence in 
 55.31  which the several parcels shall be sold, mortgaged, or leased.  
 55.32  If the order be for a sale, it shall direct whether the real 
 55.33  estate shall be sold at private sale or public auction.  An 
 55.34  order to mortgage shall fix the maximum amount of the principal 
 55.35  and the maximum rate of interest and shall direct the purpose 
 55.36  for which the proceeds shall be used.  An order for sale, 
 56.1   mortgage, or lease shall remain in force until terminated by the 
 56.2   court, but no private sale shall be made after one year from the 
 56.3   date of the order unless the real estate shall have been 
 56.4   reappraised under order of the court within six months preceding 
 56.5   the sale. 
 56.6      (3) The court may order a sale of real estate for cash, 
 56.7   part cash, and a purchase-money mortgage of not more than 50 
 56.8   percent of the purchase price, or on contract for deed.  The 
 56.9   initial payment under a sale on contract shall not be less than 
 56.10  ten percent of the total purchase price, and the unpaid purchase 
 56.11  price shall bear interest at a rate of not less than four 
 56.12  percent per annum and shall be payable in reasonable monthly, 
 56.13  quarterly, semiannual, or annual payments, and the final 
 56.14  installment shall become due and payable not later than ten 
 56.15  years from the date of the contract.  Such contract shall 
 56.16  provide for conveyance by conservator's or quit claim deed, 
 56.17  which deed shall be executed and delivered upon full performance 
 56.18  of the contract without further order of the court.  In the 
 56.19  event of termination of the interest of the purchaser and 
 56.20  assigns in such contract, the real estate may be resold under 
 56.21  the original order and a reappraisal within six months preceding 
 56.22  the sale.  A sale of the vendor's interest in real estate sold 
 56.23  by the conservator on contract may be made under order of the 
 56.24  court, with or without notice, upon an appraisal of such 
 56.25  interest within six months preceding the sale; no such sale 
 56.26  shall be made for less than its value as fixed by such appraisal.
 56.27     (4) If a sale at public auction is ordered, two weeks' 
 56.28  published notice of the time and place of sale shall be given.  
 56.29  Proof of publication shall be filed before the confirmation of 
 56.30  the sale.  Such publication and sale may be made in the county 
 56.31  where the real estate is situated or in the county of the 
 56.32  proceedings.  If the parcels to be sold are contiguous and lie 
 56.33  in more than one county, notice may be given and the sale may be 
 56.34  made in either of such counties or in the county of the 
 56.35  proceedings.  The conservator may adjourn the sale from time to 
 56.36  time, if for the best interests of the estate and the persons 
 57.1   concerned, but not exceeding six months in all.  Every 
 57.2   adjournment shall be announced publicly at the time and place 
 57.3   fixed for the sale and, if for more than one day, further notice 
 57.4   thereof shall be given as the court may direct. 
 57.5      (5) If a private sale be ordered, the real estate shall be 
 57.6   reappraised by two or more disinterested persons under order of 
 57.7   the court unless a prior appraisal of the real estate has been 
 57.8   made by two or more disinterested persons not more than six 
 57.9   months before the sale, which reappraisal shall be filed before 
 57.10  the confirmation of the sale.  No real estate shall be sold at 
 57.11  private sale for less than its value as fixed by such appraisal. 
 57.12     (6) If the bond is insufficient, before confirmation of a 
 57.13  sale or lease, or before execution of a mortgage, the 
 57.14  conservator shall file an additional bond in such amount as the 
 57.15  court may require. 
 57.16     (7) Upon making a sale or lease, the conservator shall file 
 57.17  a report thereof.  Upon proof of compliance with the terms of 
 57.18  the order, the court may confirm the sale or lease and order the 
 57.19  conservator to execute and deliver the proper instrument. 
 57.20     (c) When a protected person is entitled under contract of 
 57.21  purchase to any interest in real estate, such interest may be 
 57.22  sold for the same reasons and in the same manner as other real 
 57.23  estate of a protected person.  Before confirmation, the court 
 57.24  may require the filing of a bond conditioned to save the estate 
 57.25  harmless.  Upon confirmation, the conservator shall assign the 
 57.26  contract and convey by conservator's or quit claim deed. 
 57.27     (d) When the estate of a protected person is liable for any 
 57.28  charge, mortgage, lien, or other encumbrance upon the real 
 57.29  estate therein, the court may refuse to confirm the sale or 
 57.30  lease until after the filing of a bond in such amount as the 
 57.31  court may direct conditioned to save the estate harmless. 
 57.32     (e) When any real estate of a protected person is desired 
 57.33  by any person, firm, association, corporation, or governmental 
 57.34  agency having the power of eminent domain, the conservator may 
 57.35  agree, in writing, upon the compensation to be made for the 
 57.36  taking, injuring, damaging, or destroying thereof, subject to 
 58.1   the approval of the court.  When the agreement has been made, 
 58.2   the conservator shall file a petition, of which the agreement 
 58.3   shall be a part, setting forth the facts relative to the 
 58.4   transaction. 
 58.5      (1) The court, with notice to interested persons, shall 
 58.6   hear, determine, and act upon the petition.  If publication of 
 58.7   notice is required by the court, published notice shall be given 
 58.8   by publication once a week for two consecutive weeks in a legal 
 58.9   newspaper designated by the petitioner in the county wherein the 
 58.10  proceedings are pending, or, if no such designation be made, in 
 58.11  any legal newspaper in the county, or, if the city of the 
 58.12  protected person's residence is situated in more than one 
 58.13  county, in any legal newspaper in the city.  The first 
 58.14  publication shall be within two weeks after the date of the 
 58.15  order fixing the time and place for the hearing.  Proof of 
 58.16  publication and mailing shall be filed before the hearing.  No 
 58.17  defect in any notice or in the publication or service thereof 
 58.18  shall invalidate any proceedings. 
 58.19     (2) If the court approves the agreement, the conservator, 
 58.20  upon payment of the agreed compensation, shall convey the real 
 58.21  estate sought to be acquired and execute any release which may 
 58.22  be authorized. 
 58.23     (f) When it is for the best interests of the estate of a 
 58.24  protected person, real estate may be platted by the conservator 
 58.25  under such conditions and upon such notice as the court may 
 58.26  order. 
 58.27     (g) When any protected person is legally bound to make a 
 58.28  conveyance or lease, the court, without further notice, may 
 58.29  direct the conservator to make the conveyance or lease to the 
 58.30  person entitled thereto.  The petition may be made by any person 
 58.31  claiming to be entitled to the conveyance or lease, or by the 
 58.32  conservator, or by any interested person or person claiming an 
 58.33  interest in the real estate or contract, and shall show the 
 58.34  description of the land and the facts upon which the claim for 
 58.35  conveyance or lease is based.  Upon proof of the petition, the 
 58.36  court may order the conservator to execute and deliver an 
 59.1   instrument of conveyance or lease upon performance of the 
 59.2   contract. 
 59.3      (h) A conservator without order of the court may make an 
 59.4   extension of an existing mortgage for a period of five years or 
 59.5   less, if the extension agreement contains the same prepayment 
 59.6   privileges and the rate of interest does not exceed the lowest 
 59.7   rate in the mortgage extended. 
 59.8      (i) No conservator shall be liable personally on any 
 59.9   mortgage note or by reason of the covenants in any instrument or 
 59.10  conveyance executed in the capacity of conservator. 
 59.11     (j) No sale, mortgage, lease, or conveyance by a 
 59.12  conservator shall be subject to collateral attack on account of 
 59.13  any irregularity in the proceedings if the court which ordered 
 59.14  the same had jurisdiction of the estate. 
 59.15     (k) No proceeding to have declared invalid the sale, 
 59.16  mortgage, lease, or conveyance by a conservator shall be 
 59.17  maintained by any person claiming under or through the protected 
 59.18  person unless such proceeding is begun within five years 
 59.19  immediately succeeding the date of such sale, mortgage, lease, 
 59.20  or conveyance; provided, however, that in case of real estate 
 59.21  sold by a conservator, no action for its recovery shall be 
 59.22  maintained by or under the protected person unless it is begun 
 59.23  within five years after the termination of the protective 
 59.24  proceedings and that, in cases of fraud, minors, and others 
 59.25  under legal disability to sue when the right of action first 
 59.26  accrues may begin such action at any time within five years 
 59.27  after the disability is removed. 
 59.28     (l) After the filing of the petition, a certificate of the 
 59.29  district court certified to that fact may be filed for record in 
 59.30  the office of the county recorder for abstract property, or with 
 59.31  the registrar of titles for registered property, of any county 
 59.32  in which any real estate owned by the proposed protected person 
 59.33  is situated and, if the protected person is a resident of this 
 59.34  state, in the county of residence.  The certificate shall state 
 59.35  that a petition is pending and the name and address of the 
 59.36  person for whom a conservator is sought.  If a conservator is 
 60.1   appointed on the petition, and if the conservatorship order 
 60.2   removes or restricts the right of the protected person to 
 60.3   transfer property or to contract, then all contracts and all 
 60.4   transfers of real property made by the protected person after 
 60.5   the filing and before the termination of the conservatorship 
 60.6   shall be void. 
 60.7      Sec. 58.  [524.5-419] [INVENTORY; RECORDS.] 
 60.8      (a) Within 60 days after appointment, a conservator shall 
 60.9   prepare and file with the appointing court a detailed inventory 
 60.10  of the estate subject to the conservatorship, together with an 
 60.11  oath or affirmation that the inventory is believed to be 
 60.12  complete and accurate as far as information permits. 
 60.13     (b) A conservator shall keep records of the administration 
 60.14  of the estate and make them available for examination on 
 60.15  reasonable request of the court, ward, protected person, or any 
 60.16  attorney representing such persons. 
 60.17     Sec. 59.  [524.5-420] [REPORTS; APPOINTMENT OF VISITOR; 
 60.18  MONITORING.] 
 60.19     (a) A conservator shall report to the court for 
 60.20  administration of the estate annually unless the court otherwise 
 60.21  directs, upon resignation or removal, upon termination of the 
 60.22  conservatorship, and at other times as the court directs.  An 
 60.23  order, after notice and hearing, allowing an intermediate report 
 60.24  of a conservator adjudicates liabilities concerning the matters 
 60.25  adequately disclosed in the accounting.  An order, after notice 
 60.26  and hearing, allowing a final report adjudicates all previously 
 60.27  unsettled liabilities relating to the conservatorship. 
 60.28     (b) A report must state or contain a listing of the assets 
 60.29  of the estate under the conservator's control and a listing of 
 60.30  the receipts, disbursements, and distributions during the 
 60.31  reporting period. 
 60.32     (c) The court may appoint a visitor to review a report or 
 60.33  plan, interview the protected person or conservator, and make 
 60.34  any other investigation the court directs.  In connection with a 
 60.35  report, the court may order a conservator to submit the assets 
 60.36  of the estate to an appropriate examination to be made in a 
 61.1   manner the court directs. 
 61.2      (d) The court shall establish a system for monitoring of 
 61.3   conservatorships, including the filing and review of 
 61.4   conservators' reports and plans. 
 61.5      Sec. 60.  [524.5-421] [TITLE AFTER APPOINTMENT.] 
 61.6      (a) The appointment of a conservator does not vest title of 
 61.7   the protected person's property in the conservator. 
 61.8      (b) Letters of conservatorship are evidence of the 
 61.9   conservator's power to act on behalf of the protected person.  
 61.10  An order terminating a conservatorship terminates the 
 61.11  conservator's powers to act on behalf of the protected person. 
 61.12     (c) Subject to the requirements of general statutes 
 61.13  governing the filing or recordation of documents of title to 
 61.14  land or other property, letters of conservatorship and orders 
 61.15  terminating conservatorships may be filed or recorded to give 
 61.16  notice of title as between the conservator and the protected 
 61.17  person. 
 61.18     Sec. 61.  [524.5-422] [PROTECTED PERSON'S INTEREST 
 61.19  NONALIENABLE.] 
 61.20     (a) Except as otherwise provided in paragraphs (c) and (d), 
 61.21  the interest of a protected person in property is not 
 61.22  transferable or assignable by the protected person.  An 
 61.23  attempted transfer or assignment by the protected person, 
 61.24  although ineffective to affect property rights, may give rise to 
 61.25  a claim against the protected person for restitution or damages 
 61.26  which, subject to presentation and allowance, may be satisfied 
 61.27  as provided in section 524.5-429. 
 61.28     (b) Upon appointment of a conservator, property vested in a 
 61.29  protected person is not subject to levy, garnishment, or similar 
 61.30  process for claims against the protected person unless allowed 
 61.31  pursuant to section 524.5-429. 
 61.32     (c) A person without knowledge of the conservatorship who 
 61.33  in good faith and for security or substantially equivalent value 
 61.34  receives delivery from a protected person of tangible personal 
 61.35  property of a type normally transferred by delivery of 
 61.36  possession is protected as if the protected person or transferee 
 62.1   had valid title. 
 62.2      (d) A third party who deals with the protected person with 
 62.3   respect to property subject to a conservatorship is entitled to 
 62.4   any protection provided in other law. 
 62.5      (e) Nothing in this section or in this article shall 
 62.6   prevent the imposition, enforcement, or collection of a lien 
 62.7   under sections 514.980 to 514.985. 
 62.8      Sec. 62.  [524.5-423] [SALE, ENCUMBRANCE, OR OTHER 
 62.9   TRANSACTION INVOLVING CONFLICT OF INTEREST.] 
 62.10     Any transaction involving the conservatorship estate which 
 62.11  is affected by a conflict between the conservator's fiduciary 
 62.12  and personal interests is voidable unless the transaction is 
 62.13  expressly authorized by the court after notice to interested 
 62.14  persons.  A transaction affected by a conflict between personal 
 62.15  and fiduciary interests includes any sale, encumbrance, or other 
 62.16  transaction involving the conservatorship estate entered into by 
 62.17  the conservator, the spouse, descendant, agent, or lawyer of a 
 62.18  conservator, or corporation or other enterprise in which the 
 62.19  conservator has a beneficial interest. 
 62.20     Sec. 63.  [524.5-424] [PROTECTION OF PERSON DEALING WITH 
 62.21  CONSERVATOR.] 
 62.22     (a) A person who assists or deals with a conservator in 
 62.23  good faith and for value in any transaction other than one 
 62.24  requiring a court order under section 524.5-410 or 524.5-411 is 
 62.25  protected as though the conservator properly exercised the 
 62.26  power.  The fact that a person knowingly deals with a 
 62.27  conservator does not alone require the person to inquire into 
 62.28  the existence of a power or the propriety of its exercise, but 
 62.29  restrictions on powers of conservators which are endorsed on 
 62.30  letters as provided in section 524.5-110 are effective as to 
 62.31  other persons.  A person need not see to the proper application 
 62.32  of assets of the estate paid or delivered to a conservator. 
 62.33     (b) Protection provided by this section extends to any 
 62.34  procedural irregularity or jurisdictional defect that occurred 
 62.35  in proceedings leading to the issuance of letters and is not a 
 62.36  substitute for protection provided to persons assisting or 
 63.1   dealing with a conservator by comparable provisions in other law 
 63.2   relating to commercial transactions or to simplifying transfers 
 63.3   of securities by fiduciaries. 
 63.4      Sec. 64.  [524.5-426] [DELEGATION.] 
 63.5      (a) A conservator may not delegate to an agent or another 
 63.6   conservator the entire administration of the estate, but a 
 63.7   conservator may otherwise delegate the performance of functions 
 63.8   that a prudent person of comparable skills may delegate under 
 63.9   similar circumstances. 
 63.10     (b) The conservator shall exercise reasonable care, skill, 
 63.11  and caution in: 
 63.12     (1) selecting an agent; 
 63.13     (2) establishing the scope and terms of a delegation, 
 63.14  consistent with the purposes and terms of the conservatorship; 
 63.15     (3) periodically reviewing an agent's overall performance 
 63.16  and compliance with the terms of the delegation; and 
 63.17     (4) redressing an action or decision of an agent which 
 63.18  would constitute a breach of fiduciary duty if performed by the 
 63.19  conservator. 
 63.20     (c) A conservator who complies with paragraphs (a) and (b) 
 63.21  is not liable to the protected person or to the estate for the 
 63.22  decisions or actions of the agent to whom a function was 
 63.23  delegated. 
 63.24     (d) In performing a delegated function, an agent shall 
 63.25  exercise reasonable care to comply with the terms of the 
 63.26  delegation. 
 63.27     (e) By accepting a delegation from a conservator subject to 
 63.28  the laws of this state, an agent submits to the jurisdiction of 
 63.29  the courts of this state. 
 63.30     Sec. 65.  [524.5-427] [PRINCIPLES OF DISTRIBUTION BY 
 63.31  CONSERVATOR.] 
 63.32     (a) Unless otherwise specified in the order of appointment 
 63.33  and endorsed on the letters of appointment, a conservator may 
 63.34  expend or distribute income or principal of the estate of the 
 63.35  protected person without further court authorization or 
 63.36  confirmation for the support, care, education, health, and 
 64.1   welfare of the protected person and individuals who are in fact 
 64.2   dependent on the protected person, including the payment of 
 64.3   child or spousal support, in accordance with paragraphs (b) to 
 64.4   (e). 
 64.5      (b) The conservator shall consider recommendations relating 
 64.6   to the appropriate standard of support, care, education, health, 
 64.7   and welfare for the protected person or an individual who is in 
 64.8   fact dependent on the protected person made by a guardian, if 
 64.9   any, and, if the protected person is a minor, the conservator 
 64.10  shall consider recommendations made by a parent. 
 64.11     (c) The conservator may not be surcharged for money paid to 
 64.12  persons furnishing support, care, education, or benefit to the 
 64.13  protected person or an individual who is in fact dependent on 
 64.14  the protected person pursuant to the recommendations of a parent 
 64.15  or guardian of the protected person unless the conservator knows 
 64.16  that the parent or guardian derives personal financial benefit 
 64.17  therefrom, including relief from any personal duty of support, 
 64.18  or the recommendations are not in the best interest of the 
 64.19  protected person. 
 64.20     (d) In making distributions under this section, the 
 64.21  conservator shall consider: 
 64.22     (1) the size of the estate, the estimated duration of the 
 64.23  conservatorship, and the likelihood that the protected person, 
 64.24  at some future time, may be fully self-sufficient and able to 
 64.25  manage business affairs and the estate; 
 64.26     (2) the accustomed standard of living of the protected 
 64.27  person and individuals who are in fact dependent on the 
 64.28  protected person; and 
 64.29     (3) other money or sources used for the support of the 
 64.30  protected person. 
 64.31     (e) Money expended under this section may be paid by the 
 64.32  conservator to any person, including the protected person, to 
 64.33  reimburse for expenditures that the conservator might have made 
 64.34  or in advance for services to be rendered to the protected 
 64.35  person if it is reasonable to expect the services will be 
 64.36  performed and advance payments are customary or reasonably 
 65.1   necessary under the circumstances. 
 65.2      Sec. 66.  [524.5-428] [DEATH OF PROTECTED PERSON.] 
 65.3      (a) If a protected person dies, the conservator shall 
 65.4   deliver to the court for safekeeping any will of the deceased 
 65.5   protected person which may have come into the conservator's 
 65.6   possession, inform the personal representative named in the will 
 65.7   of the delivery, and retain the estate for delivery to a duly 
 65.8   appointed personal representative of the decedent or other 
 65.9   persons entitled thereto. 
 65.10     (b) If a personal representative has not been appointed 
 65.11  within 90 days after the death of a protected person and an 
 65.12  application or petition for appointment is not before the court, 
 65.13  the conservator may apply or petition for appointment as 
 65.14  personal representative in order to administer and distribute 
 65.15  the decedent's estate. 
 65.16     Sec. 67.  [524.5-429] [CLAIMS AGAINST PROTECTED PERSON.] 
 65.17     (a) A conservator may pay, or secure by encumbering assets 
 65.18  of the estate, claims against the estate or against the 
 65.19  protected person arising before or during the conservatorship 
 65.20  upon their presentation and allowance in accordance with the 
 65.21  priorities stated in paragraph (d).  A claimant may present a 
 65.22  claim by: 
 65.23     (1) sending or delivering to the conservator a written 
 65.24  statement of the claim, indicating its basis, the name and 
 65.25  address of the claimant, and the amount claimed; or 
 65.26     (2) filing a written statement of the claim, in the form 
 65.27  prescribed by rule, with the clerk of court and sending or 
 65.28  delivering a copy of the statement to the conservator. 
 65.29     (b) A claim is deemed presented on receipt of the written 
 65.30  statement of claim by the conservator or the filing of the claim 
 65.31  with the court, whichever occurs first.  A presented claim is 
 65.32  allowed if it is not disallowed by written statement sent or 
 65.33  delivered by the conservator to the claimant within 60 days 
 65.34  after its presentation.  The conservator before payment may 
 65.35  change an allowance to a disallowance in whole or in part, but 
 65.36  not after allowance by a court order or judgment or an order 
 66.1   directing payment of the claim.  The presentation of a claim 
 66.2   tolls the running of any statute of limitations relating to the 
 66.3   claim until 30 days after its disallowance. 
 66.4      (c) A claimant whose claim has not been paid may petition 
 66.5   the court for determination of the claim at any time before it 
 66.6   is barred by a statute of limitations and, upon due proof, 
 66.7   procure an order for its allowance, payment, or security by 
 66.8   encumbering assets of the estate.  If a proceeding is pending 
 66.9   against a protected person at the time of appointment of a 
 66.10  conservator or is initiated against the protected person 
 66.11  thereafter, the moving party shall give to the conservator 
 66.12  notice of any proceeding that could result in creating a claim 
 66.13  against the estate. 
 66.14     (d) If it appears that the estate is likely to be exhausted 
 66.15  before all existing claims are paid, the conservator shall 
 66.16  distribute the estate in money or in kind in payment of claims 
 66.17  in the following order: 
 66.18     (1) costs and expenses of administration; 
 66.19     (2) claims of the federal or state government having 
 66.20  priority under other law; 
 66.21     (3) reasonable and necessary medical, hospital, or nursing 
 66.22  home expenses of the protected person, including compensation of 
 66.23  persons attending the ward, protected person, or respondent; 
 66.24     (4) claims incurred by the conservator for support, care, 
 66.25  education, health, and welfare previously provided to the 
 66.26  protected person or individuals who are in fact dependent on the 
 66.27  protected person; 
 66.28     (5) claims arising before the conservatorship; and 
 66.29     (6) all other claims. 
 66.30     (e) Preference may not be given in the payment of a claim 
 66.31  over any other claim of the same class, and a claim due and 
 66.32  payable may not be preferred over a claim not due. 
 66.33     (f) If assets of the conservatorship are adequate to meet 
 66.34  all existing claims, the court, acting in the best interest of 
 66.35  the protected person, may order the conservator to give a 
 66.36  mortgage or other security on the conservatorship estate to 
 67.1   secure payment at some future date of any or all claims. 
 67.2      Sec. 68.  [524.5-430] [PERSONAL LIABILITY OF CONSERVATOR.] 
 67.3      (a) Except as otherwise agreed, a conservator is not 
 67.4   personally liable on a contract properly entered into in a 
 67.5   fiduciary capacity in the course of administration of the estate 
 67.6   unless the conservator fails to reveal in the contract the 
 67.7   representative capacity and identify the estate. 
 67.8      (b) A conservator is personally liable for obligations 
 67.9   arising from ownership or control of property of the estate or 
 67.10  for other acts or omissions occurring in the course of 
 67.11  administration of the estate only if personally at fault. 
 67.12     (c) Claims based on contracts entered into by a conservator 
 67.13  in a fiduciary capacity, obligations arising from ownership or 
 67.14  control of the estate, and claims based on torts committed in 
 67.15  the course of administration of the estate may be asserted 
 67.16  against the estate by proceeding against the conservator in a 
 67.17  fiduciary capacity, whether or not the conservator is personally 
 67.18  liable therefor. 
 67.19     (d) A question of liability between the estate and the 
 67.20  conservator personally may be determined in a proceeding for 
 67.21  accounting, surcharge, or indemnification, or in another 
 67.22  appropriate proceeding or action. 
 67.23     (e) A conservator is not personally liable for any 
 67.24  environmental condition on or injury resulting from any 
 67.25  environmental condition on land solely by reason of being 
 67.26  appointed conservator. 
 67.27     Sec. 69.  [524.5-431] [TERMINATION OF PROCEEDINGS.] 
 67.28     (a) A conservatorship terminates upon the death of the 
 67.29  protected person or upon order of the court.  Unless created for 
 67.30  reasons other than that the protected person is a minor, a 
 67.31  conservatorship created for a minor also terminates when the 
 67.32  protected person attains majority or is emancipated. 
 67.33     (b) Upon the death of a protected person, the conservator 
 67.34  shall conclude the administration of the estate by distribution 
 67.35  of probate property to the personal representative of the 
 67.36  protected person's estate.  The conservator shall distribute 
 68.1   nonprobate property to the successor in interest.  The 
 68.2   conservator shall file a final report and petition for discharge 
 68.3   no later than 30 days after distribution, and notice of hearing 
 68.4   for allowance of said report shall be given to interested 
 68.5   persons and to the personal representative of the protected 
 68.6   person's estate. 
 68.7      (c) On petition of any person interested in the protected 
 68.8   person's welfare, the court may terminate the conservatorship if 
 68.9   the protected person no longer needs the assistance or 
 68.10  protection of a conservator.  Termination of the conservatorship 
 68.11  does not affect a conservator's liability for previous acts or 
 68.12  the obligation to account for funds and assets of the protected 
 68.13  person. 
 68.14     (d) Except as otherwise ordered by the court for good 
 68.15  cause, before terminating a conservatorship, the court shall 
 68.16  follow the same procedures to safeguard the rights of the 
 68.17  protected person that apply to a petition for conservatorship.  
 68.18  Upon the establishment of a prima facie case for termination, 
 68.19  the court shall order termination unless it is proved that 
 68.20  continuation of the conservatorship is in the best interest of 
 68.21  the protected person. 
 68.22     (e) Upon termination of a conservatorship, whether or not 
 68.23  formally distributed by the conservator, title to assets of the 
 68.24  estate remains vested in the formerly protected person or passes 
 68.25  to the person's successors subject to administration, including 
 68.26  claims of creditors and allowances of surviving spouse and 
 68.27  dependent children, and subject to the rights of others 
 68.28  resulting from abatement, retainer, advancement, and ademption.  
 68.29  The order of termination must provide for expenses of 
 68.30  administration and direct the conservator to execute appropriate 
 68.31  instruments to evidence the transfer of title or confirm a 
 68.32  distribution previously made and to file a final report and a 
 68.33  petition for discharge upon approval of the final report. 
 68.34     (f) The court shall enter a final order of discharge upon 
 68.35  the approval of the final report and satisfaction by the 
 68.36  conservator of any other conditions placed by the court on the 
 69.1   conservator's discharge. 
 69.2      Sec. 70.  [524.5-432] [PAYMENT OF DEBT AND DELIVERY OF 
 69.3   PROPERTY TO FOREIGN CONSERVATOR WITHOUT LOCAL PROCEEDING.] 
 69.4      (a) A person who is indebted to or has the possession of 
 69.5   tangible or intangible property of a protected person may pay 
 69.6   the debt or deliver the property to a foreign conservator, 
 69.7   guardian of the estate, or other court-appointed fiduciary of 
 69.8   the state of residence of the protected person.  Payment or 
 69.9   delivery may be made only upon proof of appointment and 
 69.10  presentation of an affidavit made by or on behalf of the 
 69.11  fiduciary stating that a protective proceeding relating to the 
 69.12  protected person is not pending in this state and the foreign 
 69.13  fiduciary is entitled to payment or to receive delivery. 
 69.14     (b) Payment or delivery in accordance with paragraph (a) 
 69.15  discharges the debtor or possessor, absent knowledge of any 
 69.16  protective proceeding pending in this state. 
 69.17     Sec. 71.  [524.5-433] [FOREIGN CONSERVATOR:  PROOF OF 
 69.18  AUTHORITY; BOND; POWERS.] 
 69.19     If a conservator has not been appointed in this state and a 
 69.20  petition in a protective proceeding is not pending in this 
 69.21  state, a conservator appointed in the state in which the 
 69.22  protected person resides may file in a court of this state, in a 
 69.23  county in which property belonging to the protected person is 
 69.24  located, authenticated copies of letters of appointment and of 
 69.25  any bond.  Thereafter, the conservator may exercise all powers 
 69.26  of a conservator appointed in this state as to property in this 
 69.27  state and may maintain actions and proceedings in this state 
 69.28  subject to any conditions otherwise imposed upon nonresident 
 69.29  parties. 
 69.30                               PART 5 
 69.31                      MISCELLANEOUS PROVISIONS 
 69.32     Sec. 72.  [524.5-501] [GUARDIANSHIP, CONSERVATORSHIP; 
 69.33  WORKERS' COMPENSATION PROCEEDINGS.] 
 69.34     (a) When a matter is referred under section 176.092, 
 69.35  subdivision 3, the court shall determine whether the employee or 
 69.36  dependent is a minor or an incapacitated person, shall appoint a 
 70.1   guardian or conservator if the employee or dependent is a minor 
 70.2   or an incapacitated person, and shall return the matter to the 
 70.3   source of referral. 
 70.4      (b) The court shall oversee the use of monetary benefits 
 70.5   paid to a conservator as provided in this article or under rule 
 70.6   145 of the General Rules of Practice for the district courts.  
 70.7   There is a rebuttable presumption that a settlement or award 
 70.8   approved by the commissioner of the department of labor and 
 70.9   industry or a compensation judge is reasonable and fair to the 
 70.10  employee or dependent. 
 70.11     (c) Subject to the approval of the court, the insurer or 
 70.12  self-insured employer shall pay the costs and guardian, 
 70.13  conservator, and attorney fees of the employee or dependent 
 70.14  associated with the appointment of a guardian or conservator and 
 70.15  as required under section 176.092. 
 70.16     Sec. 73.  [524.5-502] [COMPENSATION AND EXPENSES.] 
 70.17     (a) The court may authorize a proceeding under this article 
 70.18  to proceed in forma pauperis, as provided in chapter 563. 
 70.19     (b) In proceedings under this article, a lawyer or health 
 70.20  professional rendering necessary services with regard to the 
 70.21  appointment of a guardian or conservator, the administration of 
 70.22  the protected person's estate or personal affairs, or the 
 70.23  restoration of that person's capacity or termination of the 
 70.24  protective proceeding shall be entitled to compensation from the 
 70.25  protected person's estate or from the county having jurisdiction 
 70.26  over the proceedings if the ward or protected person is 
 70.27  indigent.  When the court determines that other necessary 
 70.28  services have been provided for the benefit of the ward or 
 70.29  protected person by a lawyer or health professional, the court 
 70.30  may order fees to be paid from the estate of the protected 
 70.31  person or from the county having jurisdiction over the 
 70.32  proceedings if the ward or protected person is indigent.  If, 
 70.33  however, the court determines that a petitioner, guardian, or 
 70.34  conservator has not acted in good faith, the court shall order 
 70.35  some or all of the fees or costs incurred in the proceedings to 
 70.36  be borne by the petitioner, guardian, or conservator not acting 
 71.1   in good faith.  In determining compensation for a guardian or 
 71.2   conservator of an indigent person, the court shall consider a 
 71.3   fee schedule recommended by the board of county commissioners.  
 71.4   The fee schedule may also include a maximum compensation based 
 71.5   on the living arrangements of the ward or protected person.  If 
 71.6   these services are provided by a public or private agency, the 
 71.7   county may contract on a fee-for-service basis with that agency. 
 71.8      (c) When the court determines that a guardian or 
 71.9   conservator has rendered necessary services or has incurred 
 71.10  necessary expenses for the benefit of the ward or protected 
 71.11  person, the court may order reimbursement or compensation to be 
 71.12  paid from the estate of the protected person or from the county 
 71.13  having jurisdiction over the guardianship or protective 
 71.14  proceeding if the ward or protected person is indigent.  The 
 71.15  court may not deny an award of fees solely because the ward or 
 71.16  protected person is a recipient of medical assistance.  In 
 71.17  determining compensation for a guardian or conservator of an 
 71.18  indigent person, the court shall consider a fee schedule 
 71.19  recommended by the board of county commissioners.  The fee 
 71.20  schedule may also include a maximum compensation based on the 
 71.21  living arrangements of the ward or protected person.  If these 
 71.22  services are provided by a public or private agency, the county 
 71.23  may contract on a fee-for-service basis with that agency. 
 71.24     (d) The court shall order reimbursement or compensation if 
 71.25  the guardian or conservator requests payment and the guardian or 
 71.26  conservator was nominated by the court or by the county adult 
 71.27  protection unit because no suitable relative or other person was 
 71.28  available to provide guardianship or protective proceeding 
 71.29  services necessary to prevent maltreatment of a vulnerable 
 71.30  adult, as defined in section 626.5572, subdivision 15.  In 
 71.31  determining compensation for a guardian or conservator of an 
 71.32  indigent person, the court shall consider a fee schedule 
 71.33  recommended by the board of county commissioners.  The fee 
 71.34  schedule may also include a maximum compensation based on the 
 71.35  living arrangements of the ward or protected person.  If these 
 71.36  services are provided by a public or private agency, the county 
 72.1   may contract on a fee-for-service basis with that agency. 
 72.2      (e) When a county employee serves as a guardian or 
 72.3   conservator as part of employment duties, the court shall order 
 72.4   compensation if the guardian or conservator performs necessary 
 72.5   services that are not compensated by the county.  The court may 
 72.6   order reimbursement to the county from the protected person's 
 72.7   estate for compensation paid by the county for services rendered 
 72.8   by a guardian or conservator who is a county employee but only 
 72.9   if the county shows that after a diligent effort it was unable 
 72.10  to arrange for an independent guardian or conservator. 
 72.11                             ARTICLE 2
 72.12                CONFORMING AMENDMENTS AND TRANSITION
 72.13     Section 1.  Minnesota Statutes 2002, section 245A.041, is 
 72.14  amended to read: 
 72.15     245A.041 [SYSTEMS AND RECORDS.] 
 72.16     Subdivision 1.  [ESTABLISHMENT; USE.] (a) The commissioner 
 72.17  may establish systems and records to fulfill the requirements of 
 72.18  section 245A.04.  The commissioner may also use these systems 
 72.19  and records to obtain and provide criminal history data from the 
 72.20  bureau of criminal apprehension, criminal history data held by 
 72.21  the commissioner, and data about substantiated maltreatment 
 72.22  under section 626.556 or 626.557, for other purposes, provided 
 72.23  that: 
 72.24     (1) the background study is specifically authorized in 
 72.25  statute; or 
 72.26     (2) the request is made with the informed consent of the 
 72.27  subject of the study as provided in section 13.05, subdivision 4.
 72.28     A person making a request under clause (2) must agree in 
 72.29  writing not to disclose the data to any other person without the 
 72.30  consent of the subject of the data. 
 72.31     (b) The commissioner may recover the cost of obtaining and 
 72.32  providing background study data by charging the person or entity 
 72.33  requesting the study a fee of no more than $12 per study.  The 
 72.34  fees collected under this paragraph are appropriated to the 
 72.35  commissioner for the purpose of conducting background studies.  
 72.36     Subd. 2.  [NATIONAL RECORDS SEARCH.] (a) When specifically 
 73.1   required by statute, the commissioner shall also obtain criminal 
 73.2   history data from the National Criminal Records Repository.  To 
 73.3   obtain criminal history data from the National Criminal Records 
 73.4   Repository, the commissioner shall require classifiable 
 73.5   fingerprints of the data subject and must submit these 
 73.6   fingerprint requests through the bureau of criminal 
 73.7   apprehension.  The commissioner may recover the cost of 
 73.8   obtaining and providing criminal history data from the National 
 73.9   Criminal Records Repository by charging the person or entity 
 73.10  requesting the study a fee of no more than $30 per study.  The 
 73.11  fees collected under this subdivision are appropriated to the 
 73.12  commissioner for the purpose of obtaining criminal history data 
 73.13  from the National Criminal Records Repository. 
 73.14     (b) To obtain criminal history data from the National 
 73.15  Criminal Records Repository under this chapter, the commissioner 
 73.16  may require the background study subject to submit fingerprint 
 73.17  images electronically.  The commissioner may not require 
 73.18  electronic fingerprint images until the electronic recording and 
 73.19  transfer system is available for non-criminal-justice purposes 
 73.20  and the necessary equipment is in use in the law enforcement 
 73.21  agency in the background study subject's local community. 
 73.22     Sec. 2.  Minnesota Statutes 2002, section 524.2-502, is 
 73.23  amended to read: 
 73.24     524.2-502 [EXECUTION; WITNESSED WILLS.] 
 73.25     Except as provided in sections 524.2-506 and 524.2-513, a 
 73.26  will must be: 
 73.27     (1) in writing; 
 73.28     (2) signed by the testator or in the testator's name by 
 73.29  some other individual in the testator's conscious presence and 
 73.30  by the testator's direction or signed by the testator's 
 73.31  conservator pursuant to a court order under section 524.5-411; 
 73.32  and 
 73.33     (3) signed by at least two individuals, each of whom signed 
 73.34  within a reasonable time after witnessing either the signing of 
 73.35  the will as described in clause (2) or the testator's 
 73.36  acknowledgment of that signature or acknowledgment of the will. 
 74.1      Sec. 3.  Minnesota Statutes 2002, section 524.3-203, is 
 74.2   amended to read: 
 74.3      524.3-203 [PRIORITY AMONG PERSONS SEEKING APPOINTMENT AS 
 74.4   PERSONAL REPRESENTATIVE.] 
 74.5      (a) Whether the proceedings are formal or informal, persons 
 74.6   who are not disqualified have priority for appointment in the 
 74.7   following order: 
 74.8      (1) the person with priority as determined by a probated 
 74.9   will including a person nominated by a power conferred in a 
 74.10  will; 
 74.11     (2) the surviving spouse of the decedent who is a devisee 
 74.12  of the decedent; 
 74.13     (3) other devisees of the decedent; 
 74.14     (4) the surviving spouse of the decedent; 
 74.15     (5) other heirs of the decedent; 
 74.16     (6) 45 days after the death of the decedent, any creditor; 
 74.17     (7) 90 days after the death of the decedent and pursuant to 
 74.18  section 524.5-428, paragraph (b), any conservator of the 
 74.19  decedent who has not been discharged.  
 74.20     (b) An objection to an appointment can be made only in 
 74.21  formal proceedings.  In case of objection the priorities stated 
 74.22  in (a) apply except that 
 74.23     (1) if the estate appears to be more than adequate to meet 
 74.24  exemptions and costs of administration but inadequate to 
 74.25  discharge anticipated unsecured claims, the court, on petition 
 74.26  of creditors, may appoint any qualified person; 
 74.27     (2) in case of objection to appointment of a person other 
 74.28  than one whose priority is determined by will by an heir or 
 74.29  devisee appearing to have a substantial interest in the estate, 
 74.30  the court may appoint a person who is acceptable to heirs and 
 74.31  devisees whose interests in the estate appear to be worth in 
 74.32  total more than half of the probable distributable value, or, in 
 74.33  default of this accord any suitable person.  
 74.34     (c) A person entitled to letters under (2) to (5) of (a) 
 74.35  above may nominate a qualified person to act as personal 
 74.36  representative. Any person aged 18 and over may renounce the 
 75.1   right to nominate or to an appointment by appropriate writing 
 75.2   filed with the court.  When two or more persons share a 
 75.3   priority, those of them who do not renounce must concur in 
 75.4   nominating another to act for them, or in applying for 
 75.5   appointment.  
 75.6      (d) Conservators of the estates of protected persons, or if 
 75.7   there is no conservator, any guardian except a guardian ad litem 
 75.8   of a minor or incapacitated person, may exercise the same right 
 75.9   to nominate, to object to another's appointment, or to 
 75.10  participate in determining the preference of a majority in 
 75.11  interest of the heirs and devisees that the protected person or 
 75.12  ward would have if qualified for appointment.  
 75.13     (e) Appointment of one who does not have priority, 
 75.14  including priority resulting from disclaimer, renunciation or 
 75.15  nomination determined pursuant to this section, may be made only 
 75.16  in formal proceedings.  Before appointing one without priority, 
 75.17  the court must determine that those having priority, although 
 75.18  given notice of the proceedings, have failed to request 
 75.19  appointment or to nominate another for appointment, and that 
 75.20  administration is necessary.  
 75.21     (f) No person is qualified to serve as a personal 
 75.22  representative who is: 
 75.23     (1) under the age of 18; 
 75.24     (2) a person whom the court finds unsuitable in formal 
 75.25  proceedings; 
 75.26     (g) A personal representative appointed by a court of the 
 75.27  decedent's domicile has priority over all other persons except 
 75.28  as provided in (b)(1) or where the decedent's will nominates 
 75.29  different persons to be personal representative in this state 
 75.30  and in the state of domicile.  The domiciliary personal 
 75.31  representative may nominate another, who shall have the same 
 75.32  priority as the domiciliary personal representative.  
 75.33     (h) This section governs priority for appointment of a 
 75.34  successor personal representative but does not apply to the 
 75.35  selection of a special administrator.  
 75.36     Sec. 4.  [REPEALER.] 
 76.1      Minnesota Statutes 2002, sections 524.5-505; 525.539; 
 76.2   525.54; 525.541; 525.542; 525.543; 525.544; 525.545; 525.55; 
 76.3   525.5501; 525.551; 525.5515; 525.552; 525.56; 525.561; 525.562; 
 76.4   525.57; 525.58; 525.581; 525.582; 525.583; 525.59; 525.591; 
 76.5   525.60; 525.61; 525.615; 525.6155; 525.616; 525.6165; 525.617; 
 76.6   525.6175; 525.618; 525.6185; 525.619; 525.6192; 525.6194; 
 76.7   525.6195; 525.6196; 525.6197; 525.6198; 525.6199; 525.62; 
 76.8   525.63; 525.64; 525.641; 525.642; 525.65; 525.651; 525.652; 
 76.9   525.66; 525.661; 525.662; 525.67; 525.68; 525.69; 525.691; 
 76.10  525.692; 525.70; 525.702; 525.703; and 525.705, are repealed. 
 76.11     Sec. 5.  [TRANSITION PROVISIONS.] 
 76.12     (a) Articles 1 and 2 apply to each guardianship or 
 76.13  conservatorship proceeding and each appointment of guardian or 
 76.14  conservator commenced on or after the effective date of articles 
 76.15  1 and 2.  Except as otherwise provided in this section, articles 
 76.16  1 and 2 apply to each guardianship or conservatorship approved 
 76.17  by the court prior to the effective date of articles 1 and 2, 
 76.18  and to any guardianship or conservatorship proceeding pending in 
 76.19  court on the effective date of articles 1 and 2, unless the 
 76.20  court finds for good cause or in the interests of judicial 
 76.21  economy that the proceeding should be completed under the 
 76.22  provisions of Minnesota Statutes, chapter 525, as it existed 
 76.23  prior to the effective date of articles 1 and 2. 
 76.24     (b) A guardian or conservator who is not discharged prior 
 76.25  to the effective date of articles 1 and 2 shall continue to hold 
 76.26  the appointment but shall have only the powers specified in the 
 76.27  order of appointment and in Minnesota Statutes, chapter 525, as 
 76.28  it existed prior to the effective date of articles 1 and 2.  
 76.29  Each guardian or conservator holding an appointment on the 
 76.30  effective date of articles 1 and 2 shall continue to be bound by 
 76.31  the duties imposed by the order of appointment and by Minnesota 
 76.32  Statutes, chapter 525, as it existed prior to the effective date 
 76.33  of articles 1 and 2, and shall be bound by any additional duties 
 76.34  imposed by articles 1 and 2 starting on the first day of the 
 76.35  next month starting after the effective date of articles 1 and 2 
 76.36  or on the next anniversary date of the appointment, whichever 
 77.1   occurs later. 
 77.2      (c) Any act done prior to the effective date of articles 1 
 77.3   and 2 in any proceeding and any right accrued under Minnesota 
 77.4   Statutes, chapter 525, prior to the effective date of articles 1 
 77.5   and 2 shall not be impaired by articles 1 and 2.  If a right is 
 77.6   acquired, extinguished, or barred upon the expiration of a 
 77.7   prescribed period of time which has commenced to run in 
 77.8   accordance with the provisions of any statute before the 
 77.9   effective date of articles 1 and 2, the provisions of the prior 
 77.10  statute shall remain in force with respect to that right 
 77.11  notwithstanding the statute's amendment or repeal by articles 1 
 77.12  and 2. 
 77.13     (d) An order of the court or letters of guardianship or 
 77.14  conservatorship issued by the court prior to the effective date 
 77.15  of articles 1 and 2 shall remain in full force and effect in 
 77.16  accordance with its terms and conditions and in accordance with 
 77.17  the provisions of prior law until the court modifies the order 
 77.18  or letters in accordance with the provisions of articles 1 and 2.
 77.19  Upon request for a certified copy of an order or letters which 
 77.20  remains in full force and effect under this paragraph, the court 
 77.21  administrator shall certify that the order or letters remains in 
 77.22  full force and effect pursuant to this paragraph. 
 77.23     (e) The court, without hearing or notice to any person, may 
 77.24  issue new letters of guardianship or conservatorship under 
 77.25  articles 1 and 2 to replace similar letters issued prior to the 
 77.26  effective date of articles 1 and 2.  The new letters shall be 
 77.27  effective under articles 1 and 2 with the same force and effect 
 77.28  as the prior letters and shall remain in full force and effect 
 77.29  until modified by the court in accordance with the provisions of 
 77.30  articles 1 and 2. 
 77.31     (f) A power of attorney executed in accordance with 
 77.32  Minnesota Statutes, section 524.5-505, prior to the effective 
 77.33  date of articles 1 and 2, or any surety bond, deed, or other 
 77.34  instrument, report, or other undertaking executed in accordance 
 77.35  with Minnesota Statutes, chapter 525, prior to the effective 
 77.36  date of articles 1 and 2, shall remain in full force and effect 
 78.1   for all purposes in accordance with its terms and conditions and 
 78.2   the provisions of the applicable statutes under which the power 
 78.3   of attorney, surety bond, deed, or other instrument, report, or 
 78.4   other undertaking was executed, until the power of attorney, 
 78.5   surety bond, deed, or other instrument, report, or other 
 78.6   undertaking expires according to its terms or pursuant to the 
 78.7   statutes governing its execution, or is modified, terminated, or 
 78.8   superseded by a new power of attorney, surety bond, deed, or 
 78.9   other instrument, report, or other undertaking executed in 
 78.10  accordance with the provisions of articles 1 and 2.