piers109uk/MN-Statutes huggingface dataset:
524.5-311 EMERGENCY GUARDIAN.
(a) If the court finds that compliance with the procedures of this article will likely result in substantial harm to the respondent's health, safety, or welfare, and that no other person appears to have authority and willingness to act in the circumstances, the court, on petition by a person interested in the respondent's welfare, may appoint an emergency guardian whose authority may not exceed 60 days and who may exercise only the powers specified in the order. A county that is acting under section 626.557, subdivision 10, by petitioning for appointment of an emergency guardian on behalf of a vulnerable adult may be granted authority to act for a period not to exceed 90 days. An emergency guardian's appointment under this section may only be extended once for a period not to exceed 60 days if the court finds good cause for the continuation of the guardianship. Immediately upon receipt of the petition for an emergency guardianship, the court shall appoint a lawyer to represent the respondent in the proceeding. Except as otherwise provided in paragraph (b), reasonable notice of the time and place of a hearing on the petition must be given to the respondent and any other persons as the court directs.
(b) An emergency guardian may be appointed without notice to the respondent and the respondent's lawyer only if the court finds from affidavit or other sworn testimony that the respondent will be substantially harmed before a hearing on the appointment can be held. If the court appoints an emergency guardian without notice to the respondent, the respondent must be given notice of the appointment within 48 hours after the appointment. The court shall hold a hearing on the appropriateness of the appointment within five days after the appointment.
(c) Appointment of an emergency guardian, with or without notice, is not a determination of the respondent's incapacity.
(d) The court may remove an emergency guardian at any time. An emergency guardian shall make any report the court requires. In other respects, the provisions of this article concerning guardians apply to an emergency guardian.
(e) Any documents or information disclosing or pertaining to health or financial information shall be filed as confidential documents, consistent with the bill of particulars under section 524.5-121.
524.5-312 TEMPORARY SUBSTITUTE GUARDIAN.
(a) If the court finds that a guardian is not effectively performing the guardian's duties and that the welfare of the person subject to guardianship requires immediate action, it may appoint a temporary substitute guardian for the person subject to guardianship for a specified period not exceeding six months. Except as otherwise ordered by the court, a temporary substitute guardian so appointed has the powers set forth in the previous order of appointment. The authority of any unlimited or limited guardian previously appointed by the court is suspended as long as a temporary substitute guardian has authority. If an appointment is made without previous notice to the person subject to guardianship or the affected guardian, within five days after the appointment, the court shall inform the person subject to guardianship or guardian of the appointment.
(b) The court may remove a temporary substitute guardian at any time. A temporary substitute guardian shall make any report the court requires. In other respects, the provisions of this article concerning guardians apply to a temporary substitute guardian.
524.5-315 RIGHTS AND IMMUNITIES OF GUARDIAN; LIMITATIONS.
(a) A guardian is entitled to reasonable compensation for services as guardian and to reimbursement for expenditures made on behalf of the person subject to guardianship, in a manner consistent with section 524.5-502.
(b) a guardian is not liable to a third person for acts of the person subject to guardianship solely by reason of the relationship. A guardian who exercises reasonable care in choosing a third person providing medical or other care, treatment, or service for the person subject to guardianship is not liable for injury to the person subject to guardianship resulting from the wrongful conduct of the third person.
(c) A guardian may not revoke the health care directive of a person subject to guardianship or conservatorship absent a court order.
(d) A guardian may not initiate the commitment of a person subject to guardianship to an institution except in accordance with section 524.5-313.
(e) Failure to satisfy the duties of a guardian under section 524.5-313, paragraph (c), shall be grounds for removal of a private guardian, but the guardian shall not be held liable for acts or omissions made in the discharge of the guardian's duties except for acts or omissions that result in harm to the person subject to guardianship and that constitute reckless or willful misconduct, or gross negligence.
524.5-317 TERMINATION OR MODIFICATION OF GUARDIANSHIP; COURT ORDERS.
(a) A guardianship terminates upon the death of the person subject to guardianship, upon the expiration of the duration of guardianship established in the order appointing the guardian, or upon order of the court.
(b) On petition of any person interested in the welfare of the person subject to guardianship the court may terminate a guardianship if the person subject to guardianship no longer needs the assistance or protection of a guardian. The court may modify the type of appointment or powers granted to the guardian if the extent of protection or assistance previously granted is currently excessive or insufficient or the capacity of the person subject to guardianship to provide for support, care, education, health, and welfare has so changed as to warrant that action. The court may make any other order that is in the best interests of the person subject to guardianship or may grant other appropriate relief.
(c) Except as otherwise ordered by the court for good cause, the court, before terminating a guardianship, shall follow the same procedures to safeguard the rights of the person subject to guardianship as apply to a petition for guardianship. Upon presentation by the petitioner of evidence establishing a prima facie case for termination, the court shall order the termination and discharge the guardian unless it is proven that continuation of the guardianship is in the best interest of the person subject to guardianship.
(d) Any documents or information disclosing or pertaining to health or financial information shall be filed as confidential documents, consistent with the bill of particulars under section 524.5-121.
(e) A guardian has the right to petition the court for discharge from the guardianship.
(f) If, after a good faith effort, the guardian is unable to find a successor guardian, the guardian may petition the court for resignation. The court may allow the guardian to resign if the resignation would not result in imminent substantial harm to the person subject to guardianship based on clear and convincing evidence.
524.5-401 PROTECTIVE PROCEEDING.
Upon petition and after notice and hearing, the court may appoint a limited or unlimited conservator or make any other protective order provided in this part in relation to the estate and affairs of:
(1) a minor, if the court determines that the minor owns money or property requiring management or protection that cannot otherwise be provided or has or may have business affairs that may be jeopardized or prevented because of the minor's age, or that money is needed for support and education and that protection is necessary or desirable to obtain or provide money; and
(2) any individual, including a minor, if the court determines that, for reasons other than age:
(i) by clear and convincing evidence, the individual is unable to manage property and business affairs because of an impairment in the ability to receive and evaluate information or make decisions, even with the use of appropriate technological assistance, or because the individual is missing, detained, or unable to return to the United States; and
(ii) by a preponderance of evidence, the individual has property that will be wasted or dissipated unless management is provided or money is needed for the support, care, education, health, and welfare of the individual or of individuals who are entitled to the individual's support and that protection is necessary or desirable to obtain or provide money.
524.5-402 JURISDICTION OVER BUSINESS AFFAIRS OF PERSON SUBJECT TO CONSERVATORSHIP.
After the service of notice in a proceeding seeking a conservatorship or other protective order and until termination of the proceeding, the court in which the petition is filed has:
(1) exclusive jurisdiction to determine the need for a conservatorship or other protective order;
(2) exclusive jurisdiction to determine how the estate of the person subject to conservatorship which is subject to the laws of this state must be managed, expended, or distributed to or for the use of the person subject to conservatorship, individuals who are in fact dependent upon the person subject to conservatorship, or other claimants; and
(3) concurrent jurisdiction to determine the validity of claims against the person or estate of the person subject to conservatorship and questions of title concerning assets of the estate.
524.5-405 ORIGINAL PETITION: MINORS; PRELIMINARIES TO HEARING.
(a) Upon the filing of a petition to establish a conservatorship or for another protective order for the reason that the respondent is a minor, the court shall set a date for hearing. If the court determines at any stage of the proceeding that the interests of the minor are or may be inadequately represented, it may appoint a lawyer to represent the minor, giving consideration to the choice of the minor if the minor has attained 14 years of age.
(b) While a petition to establish a conservatorship or for another protective order is pending, after preliminary hearing and without notice to others, the court may make orders to preserve and apply the property of the minor as may be required for the support of the minor or individuals who are in fact dependent upon the minor, and may appoint an agent to assist in that task.
524.5-404 NOTICE.
(a) A copy of the petition and the notice of hearing on a petition for conservatorship or other protective order must be served personally on the respondent pursuant to section 524.5-406, paragraph (d), but if the respondent's location is unknown or personal service cannot be made, service on the respondent must be made by substituted service or publication. The notice must include a statement that the respondent must be physically present unless excused by the court, inform the respondent of the respondent's rights at the hearing, and, if the appointment of a conservator is requested, include a description of the nature, purpose, and consequences of an appointment. A failure to serve the respondent with a notice substantially complying with this paragraph precludes the court from granting the petition.
(b) In a proceeding to establish a conservatorship or for another protective order, notice of the hearing shall also be given to the persons listed in the petition. Failure to give notice under this paragraph does not preclude the appointment of a conservator or the making of another protective order.
(c) Notice of the hearing on a petition for an order after appointment of a conservator or making of another protective order, shall be given to interested persons pursuant to section 524.5-113 and to any other person as ordered by the court, except notice to the person subject to conservatorship is not required if the person subject to conservatorship has not attained 14 years of age and is not missing, detained, or unable to return to the United States.
(d) The conservator shall give notice of the filing of the conservator's inventory, together with a copy of the inventory, to the person subject to conservatorship and any other person the court directs. The notice must be sent or delivered within 14 days after the filing of the inventory.
524.5-408 CONSERVATORSHIP PROCEEDINGS: PROCEDURE AT HEARING.
(a) Unless excused by the court for good cause, the petitioner and the proposed conservator shall attend the hearing. The respondent shall attend and participate in the hearing unless excused by the court for good cause. The petitioner and respondent may present evidence and subpoena witnesses and documents, examine witnesses, including the visitor, and otherwise participate in the hearing. The hearing may be held in a location convenient to the respondent and may be closed upon request of the respondent and a showing of good cause.
(b) Any person may request permission to participate in the proceeding. The court may grant the request, with or without hearing, upon a showing of good cause and after determining that the best interest of the respondent will be served. The court may attach appropriate conditions to the participation.
(c) A respondent to any conservatorship or protective proceeding petition and any person subject to conservatorship in any other conservatorship or protective proceeding has not placed his or her health, physical or mental condition in controversy and any denials, allegations or affirmative assertions by the respondent or person subject to conservatorship regarding capacity or their ability to receive and evaluate information do not place such matters in controversy.
524.5-410 POWERS OF COURT.
(a) After hearing and upon determining that a basis for a conservatorship or other protective order exists, the court has the following powers, which may be exercised directly or through a conservator:
(1) with respect to a minor for reasons of age, all the powers over the estate and business affairs of the minor which may be necessary for the best interest of the minor and members of the minor's immediate family; and
(2) with respect to an adult, or to a minor for reasons other than age, for the benefit of the person subject to conservatorship and individuals who are in fact dependent on the person subject to conservatorship for support, all the powers over the estate and business affairs of the person subject to conservatorship which the person subject to conservatorship could exercise if an adult, present, and not under conservatorship or other protective order.
(b) Subject to the provisions of section 524.5-110 relating to letters of office, the court may at any time limit the powers of a conservator otherwise conferred and may remove or modify any limitation.
524.5-412 PROTECTIVE ARRANGEMENTS AND SINGLE TRANSACTIONS.
(a) If a basis is established for a protective order with respect to an individual, the court, without appointing a conservator, may:
(1) authorize, direct, or ratify any transaction necessary or desirable to achieve any arrangement for security, service, or care meeting the foreseeable needs of the person subject to conservatorship, including:
(i) subject to the procedural and notice requirements of section 524.5-418, the sale, mortgage, lease, or other transfer of property;
(ii) purchase of an annuity;
(iii) making a contract for lifetime care, a deposit contract, or a contract for training and education;
(iv) addition to or establishment of a suitable trust, including a trust created under the Uniform Custodial Trust Act; or
(v) establish, fund, and administer an ABLE account for the person subject to conservatorship. The conservator may exercise all powers over the ABLE account for the benefit of the person subject to conservatorship and shall direct investment of the ABLE accounts property in accordance with the provisions of sections 48A.07, subdivision 6; 501C.0901; and 524.5-423, or as otherwise ordered by the court. The standard of a fiduciary shall be applicable to all ABLE account investments by a conservator; and
(2) authorize, direct, or ratify any other contract, trust, will, or transaction relating to the property and business affairs of the person subject to conservatorship, including a settlement of a claim, upon determining that it is in the best interest of the person subject to conservatorship.
(b) In deciding whether to approve a protective arrangement or other transaction under this section, the court shall consider the factors listed in section 524.5-411, paragraph (e).
(c) The court may appoint an agent to assist in the accomplishment of any protective arrangement or other transaction authorized under this section. The agent has the authority conferred by the order and shall serve until discharged by order after report to the court; provided, however, that if a conservator is appointed, only the conservator has the power to sign all real estate deeds.
(d) Any documents or information disclosing or pertaining to health or financial information shall be filed as confidential documents, consistent with the bill of particulars under section 524.5-121.
524.5-413 WHO MAY BE CONSERVATOR; PRIORITIES.
(a) Except as otherwise provided in paragraph (d), the court, in appointing a conservator, shall consider persons otherwise qualified in the following order of priority:
(1) a conservator, guardian of the estate, or other like fiduciary appointed or recognized by an appropriate court of any other jurisdiction in which the person subject to conservatorship resides;
(2) a person nominated as conservator by the respondent, including the respondent's most recent nomination made in a durable power of attorney, if the respondent has attained 14 years of age and at the time of the nomination had sufficient capacity to express a preference;
(3) an agent appointed by the respondent to manage the respondent's property under a durable power of attorney;
(4) the spouse of the respondent;
(5) an adult child of the respondent;
(6) a parent of the respondent;
(7) an adult with whom the respondent has resided for more than six months before the filing of the petition;
(8) an adult who is related to the respondent by blood, adoption, or marriage; and
(9) any other adult or a professional conservator.
(b) A person having priority under paragraph (a), clause (1), (4), (5), or (6), may designate in writing a substitute to serve instead and thereby transfer the priority to the substitute.
(c) The court, acting in the best interest of the person subject to conservatorship, may decline to appoint a person having priority and appoint a person having a lower priority or no priority. With respect to persons having equal priority, the court shall select the one it considers best qualified.
(d) Any individual or agency which provides residence, custodial care, medical care, employment training, or other care or services for which they receive a fee may not be appointed as conservator unless related to the respondent by blood, marriage, or adoption.
524.5-414 PETITION FOR ORDER SUBSEQUENT TO APPOINTMENT.
(a) A person subject to conservatorship or an interested person may file a petition in the appointing court for an order:
(1) requiring bond or collateral or additional bond or collateral, or reducing bond;
(2) requiring an accounting for the administration of the estate of the person subject to conservatorship;
(3) directing distribution;
(4) removing the conservator and appointing a temporary or successor conservator;
(5) modifying the type of appointment or powers granted to the conservator if the extent of protection or management previously granted is currently excessive or insufficient or the ability of the person subject to conservatorship to manage the estate and business affairs has so changed as to warrant the action; or
(6) acting in the best interests of the person subject to conservatorship or granting other appropriate relief.
(b) A conservator may petition the appointing court for instructions concerning fiduciary responsibility.
(c) On notice and hearing the petition, the court may give appropriate instructions and make any appropriate order.
(d) The court may, at its own discretion, waive the notice or hearing requirements for the relief requested in a petition filed under this section.
(e) Any documents or information disclosing or pertaining to health or financial information shall be filed as confidential documents, consistent with the bill of particulars under section 524.5-121.
524.5-416 TERMS AND REQUIREMENTS OF BOND.
(a) The following rules apply to any bond required:
(1) Except as otherwise provided by the terms of the bond, sureties and the conservator are jointly and severally liable.
(2) By executing the bond of a conservator, a surety submits to the jurisdiction of the court that issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the conservator in which the surety is named as a party. Notice of any proceeding seeking to surcharge any interested party or the bond must be sent or delivered to the surety at the address shown in the court records at the place where the bond is filed and to any other address then known to the petitioner.
(3) On petition of a successor conservator or any interested person, a proceeding may be brought against a surety for breach of the obligation of the bond of the conservator.
(4) The bond of the conservator may be proceeded against until liability under the bond is exhausted.
(5) Except as otherwise provided in this section, in any proceeding where the value of the personal property of the estate of the proposed person subject to conservatorship in the initial inventory of the estate filed by the conservator under section 524.5-419 is expected to be at least $10,000, the court shall require the conservator to furnish a bond in an amount that the court determines is necessary to reasonably protect the assets of the person subject to conservatorship. Joint conservators may unite in a bond or each may give a separate bond.
(b) In lieu of executing and filing a bond, the conservator may request that access to certain assets of the person subject to conservatorship be blocked. The court may grant the request if sufficient evidence is filed with the court to establish that those assets are being held in a manner that prevents the conservator from accessing the assets without a specific court order or the court finds that the manner in which the assets are held is sufficient to protect the assets. To the extent that assets not placed in blocked accounts are expected to be at least $10,000, the bond requirement under paragraph (a) applies.
(c) A proceeding may not be brought against a surety on any matter as to which an action or proceeding against the primary obligor is barred.
524.5-415 BOND.
The court may require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the conservatorship according to law, with sureties as it may specify. A bond is not required for any conservator that is a bank or trust company provided the total conservatorship assets do not exceed $1,000,000. If the conservator is a bank or trust company then a bond shall be required if the conservatorship assets exceed $1,000,000.
524.5-424 PROTECTION OF PERSON DEALING WITH CONSERVATOR.
(a) A person who assists or deals with a conservator in good faith and for value in any transaction other than one requiring a court order under section 524.5-410 or 524.5-411 is protected as though the conservator properly exercised the power. The fact that a person knowingly deals with a conservator does not alone require the person to inquire into the existence of a power or the propriety of its exercise, but restrictions on powers of conservators which are endorsed on letters as provided in section 524.5-110 are effective as to other persons. A person need not see to the proper application of assets of the estate paid or delivered to a conservator.
(b) Protection provided by this section extends to any procedural irregularity or jurisdictional defect that occurred in proceedings leading to the issuance of letters and is not a substitute for protection provided to persons assisting or dealing with a conservator by comparable provisions in other law relating to commercial transactions or to simplifying transfers of securities by fiduciaries.
524.5-433 FOREIGN CONSERVATOR: PROOF OF AUTHORITY; BOND; POWERS.
If a conservator has not been appointed in this state and a petition in a protective proceeding is not pending in this state, a conservator appointed in the state in which the person subject to conservatorship resides may file in a court of this state, in a county in which property belonging to the person subject to conservatorship is located, authenticated copies of letters of appointment and of any bond. Thereafter, the conservator may exercise all powers of a conservator appointed in this state as to property in this state and may maintain actions and proceedings in this state subject to any conditions otherwise imposed upon nonresident parties.
524.5-428 DEATH OF PERSON SUBJECT TO CONSERVATORSHIP.
(a) If a person subject to conservatorship dies, the conservator shall deliver to the court for safekeeping any will of the deceased person subject to conservatorship which may have come into the conservator's possession, inform the personal representative named in the will of the delivery, and retain the estate for delivery to a duly appointed personal representative of the decedent or other persons entitled thereto.
(b) If a personal representative has not been appointed within 90 days after the death of a person subject to conservatorship and an application or petition for appointment is not before the court, the conservator may apply or petition for appointment as personal representative in order to administer and distribute the decedent's estate.
524.5-430 PERSONAL LIABILITY OF CONSERVATOR.
(a) Except as otherwise agreed, a conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal in the contract the representative capacity and identify the estate.
(b) A conservator is personally liable for obligations arising from ownership or control of property of the estate or for other acts or omissions occurring in the course of administration of the estate only if personally at fault.
(c) Claims based on contracts entered into by a conservator in a fiduciary capacity, obligations arising from ownership or control of the estate, and claims based on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in a fiduciary capacity, whether or not the conservator is personally liable therefor.
(d) A question of liability between the estate and the conservator personally may be determined in a proceeding for accounting, surcharge, or indemnification, or in another appropriate proceeding or action.
(e) A conservator is not personally liable for any environmental condition on or injury resulting from any environmental condition on land solely by reason of being appointed conservator.
524.5-427 PRINCIPLES OF DISTRIBUTION BY CONSERVATOR.
(a) Unless otherwise specified in the order of appointment and endorsed on the letters of appointment, a conservator may expend or distribute income or principal of the estate of the person subject to conservatorship without further court authorization or confirmation for the support, care, education, health, and welfare of the person subject to conservatorship and individuals who are in fact dependent on the person subject to conservatorship, including the payment of child or spousal support, in accordance with paragraphs (b) to (e).
(b) The conservator shall consider recommendations relating to the appropriate standard of support, care, education, health, and welfare for the person subject to conservatorship or an individual who is in fact dependent on the person subject to conservatorship made by a guardian, if any, and, if the person subject to conservatorship is a minor, the conservator shall consider recommendations made by a parent.
(c) The conservator may not be surcharged for money paid to persons furnishing support, care, education, or benefit to the person subject to conservatorship or an individual who is in fact dependent on the person subject to conservatorship pursuant to the recommendations of a parent or guardian of the person subject to conservatorship unless the conservator knows that the parent or guardian derives personal financial benefit therefrom, including relief from any personal duty of support, or the recommendations are not in the best interest of the person subject to conservatorship.
(d) In making distributions under this section, the conservator shall consider:
(1) the size of the estate, the estimated duration of the conservatorship, and the likelihood that the person subject to conservatorship, at some future time, may be fully self-sufficient and able to manage business affairs and the estate;
(2) the accustomed standard of living of the person subject to conservatorship and individuals who are in fact dependent on the person subject to conservatorship; and
(3) other money or sources used for the support of the person subject to conservatorship.
(e) Money expended under this section may be paid by the conservator to any person, including the person subject to conservatorship, to reimburse for expenditures that the conservator might have made or in advance for services to be rendered to the person subject to conservatorship if it is reasonable to expect the services will be performed and advance payments are customary or reasonably necessary under the circumstances.
524.5-423 SALE, ENCUMBRANCE, OR OTHER TRANSACTION INVOLVING CONFLICT OF INTEREST.
Any transaction involving the conservatorship estate which is affected by a conflict between the conservator's fiduciary and personal interests is voidable unless the transaction is expressly authorized by the court after notice to interested persons. A transaction affected by a conflict between personal and fiduciary interests includes any sale, encumbrance, or other transaction involving the conservatorship estate entered into by the conservator, the spouse, descendant, agent, or lawyer of a conservator, or corporation or other enterprise in which the conservator has a beneficial interest.
524.5-419 INVENTORY; RECORDS.
(a) Within 60 days after appointment, a conservator shall prepare and file with the appointing court a detailed inventory of the estate subject to the conservatorship, together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits.
(b) A conservator shall keep records of the administration of the estate and make them available for examination on reasonable request of the court, person subject to guardianship, person subject to conservatorship, or any attorney representing such persons.
524.5-432 PAYMENT OF DEBT AND DELIVERY OF PROPERTY TO FOREIGN CONSERVATOR WITHOUT LOCAL PROCEEDING.
(a) A person who is indebted to or has the possession of tangible or intangible property of a person subject to conservatorship may pay the debt or deliver the property to a foreign conservator, guardian of the estate, or other court-appointed fiduciary of the state of residence of the person subject to conservatorship. Payment or delivery may be made only upon proof of appointment and presentation of an affidavit made by or on behalf of the fiduciary stating that a protective proceeding relating to the person subject to conservatorship is not pending in this state and the foreign fiduciary is entitled to payment or to receive delivery.
(b) Payment or delivery in accordance with paragraph (a) discharges the debtor or possessor, absent knowledge of any protective proceeding pending in this state.
524.5-421 TITLE AFTER APPOINTMENT.
(a) The appointment of a conservator does not vest title of the property of the person subject to conservatorship in the conservator.
(b) Letters of conservatorship are evidence of the conservator's power to act on behalf of the person subject to conservatorship. An order terminating a conservatorship terminates the conservator's powers to act on behalf of the person subject to conservatorship.
(c) Subject to the requirements of general statutes governing the filing or recordation of documents of title to land or other property, letters of conservatorship and orders terminating conservatorships may be filed or recorded to give notice of title as between the conservator and the person subject to conservatorship.
524.5-422 INTEREST OF PERSON SUBJECT TO CONSERVATORSHIP NONALIENABLE.
(a) Except as otherwise provided in paragraphs (c) and (d), the interest of a person subject to conservatorship in property is not transferable or assignable by the person subject to conservatorship. An attempted transfer or assignment by the person subject to conservatorship, although ineffective to affect property rights, may give rise to a claim against the person subject to conservatorship for restitution or damages which, subject to presentation and allowance, may be satisfied as provided in section 524.5-429.
(b) Upon appointment of a conservator, property vested in a person subject to conservatorship is not subject to levy, garnishment, or similar process for claims against the person subject to conservatorship unless allowed pursuant to section 524.5-429.
(c) A person without knowledge of the conservatorship who in good faith and for security or substantially equivalent value receives delivery from a person subject to conservatorship of tangible personal property of a type normally transferred by delivery of possession is protected as if the person subject to conservatorship or transferee had valid title.
(d) A third party who deals with the person subject to conservatorship with respect to property subject to a conservatorship is entitled to any protection provided in other law.
(e) Nothing in this section or in this article shall prevent the imposition, enforcement, or collection of a lien under sections 514.980 to 514.985.
524.5-426 DELEGATION.
(a) A conservator may not delegate to an agent or another conservator the entire administration of the estate, but a conservator may otherwise delegate the performance of functions that a prudent person of comparable skills may delegate under similar circumstances.
(b) The conservator shall exercise reasonable care, skill, and caution in:
(1) selecting an agent;
(2) establishing the scope and terms of a delegation, consistent with the purposes and terms of the conservatorship;
(3) periodically reviewing an agent's overall performance and compliance with the terms of the delegation; and
(4) redressing an action or decision of an agent which would constitute a breach of fiduciary duty if performed by the conservator.
(c) A conservator who complies with paragraphs (a) and (b) is not liable to the person subject to conservatorship or to the estate for the decisions or actions of the agent to whom a function was delegated.
(d) In performing a delegated function, an agent shall exercise reasonable care to comply with the terms of the delegation.
(e) By accepting a delegation from a conservator subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state.
524.5-501 GUARDIANSHIP, CONSERVATORSHIP; WORKERS' COMPENSATION PROCEEDINGS.
(a) When a matter is referred under section 176.092, subdivision 3, the court shall determine whether the employee or dependent is a minor or an incapacitated person, shall appoint a guardian or conservator if the employee or dependent is a minor or an incapacitated person, and shall return the matter to the source of referral.
(b) The court shall oversee the use of monetary benefits paid to a conservator as provided in this article or under rule 145 of the General Rules of Practice for the district courts. There is a rebuttable presumption that a settlement or award approved by the commissioner of the Department of Labor and Industry or a compensation judge is reasonable and fair to the employee or dependent.
(c) Subject to the approval of the court, the insurer or self-insured employer shall pay the costs and guardian, conservator, and attorney fees of the employee or dependent associated with the appointment of a guardian or conservator and as required under section 176.092.
524.5-601 SHORT TITLE.
Sections 524.5-601 to 524.5-903 may be cited as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act."
524.5-602 DEFINITIONS.
(a) The definitions in this section apply to sections 524.5-602 to 524.5-903.
(b) "Adult" means an individual who has attained 18 years of age.
(c) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under sections 524.5-101 to 524.5-502.
(d) "Guardian" means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under sections 524.5-101 to 524.5-502.
(e) "Guardianship order" means an order appointing a guardian.
(f) "Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.
(g) "Incapacitated person" means an adult for whom a guardian has been appointed.
(h) "Party" means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.
(i) "Person," except in the term incapacitated person or protected person, means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(j) "Protected person" means an adult for whom a protective order has been issued.
(k) "Protective order" means an order appointing a conservator or any other order related to management of an adult's property.
(l) "Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued.
(m) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(n) "Respondent" means an adult for whom a protective order or the appointment of a guardian is sought.
(o) "State" means a state of the United States, the District of Columbia, the commonwealth of Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
524.5-603 INTERNATIONAL APPLICATION.
A court of this state may treat a foreign country as if it were a state for the purpose of applying sections 524.5-601 to 524.5-903.
524.5-605 COOPERATION BETWEEN COURTS.
(a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any one or more of the following:
(1) hold an evidentiary hearing;
(2) order a person in that state to produce evidence or give testimony pursuant to procedures of that state;
(3) order that an evaluation or assessment be made of the respondent;
(4) order any appropriate investigation of a person involved in a proceeding;
(5) forward to the court of this state a certified copy of the transcript or other record of a hearing under clause (1) or any other proceeding, any evidence otherwise produced under clause (2), and any evaluation or assessment prepared in compliance with an order under clause (3) or (4);
(6) issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person; and
(7) issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in Code of Federal Regulations, title 45, section 164.504.
(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in paragraph (a), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
524.5-604 COMMUNICATION BETWEEN COURTS.
(a) A court of this state may communicate with a court in another state concerning a proceeding arising under sections 524.5-601 to 524.5-903. The court may allow the parties to participate in the communication. Except as otherwise provided in paragraph (b), the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
(b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
524.5-606 TAKING TESTIMONY IN ANOTHER STATE.
(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(b) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
524.5-701 DEFINITIONS; SIGNIFICANT CONNECTION FACTORS.
(a) In sections 524.5-701 to 524.5-709:
(1) "emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf;
(2) "home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition; and
(3) "significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
(b) In determining under sections 524.5-703 and 524.5-801, paragraph (e), whether a respondent has a significant connection with a particular state, the court shall consider:
(1) the location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;
(2) the length of time the respondent at any time was physically present in the state and the duration of any absence;
(3) the location of the respondent's property; and
(4) the extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.
524.5-702 EXCLUSIVE BASIS.
Sections 524.5-701 to 524.5-709 provide the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.
524.5-705 EXCLUSIVE AND CONTINUING JURISDICTION.
Except as otherwise provided in section 524.5-704, a court that has appointed a guardian or issued a protective order consistent with sections 524.5-601 to 524.5-903 has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
524.5-703 JURISDICTION.
A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
(1) this state is the respondent's home state;
(2) on the date the petition is filed, this state is a significant-connection state and:
(i) the respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or
(ii) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:
(A) a petition for an appointment or order is not filed in the respondent's home state;
(B) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(C) the court in this state concludes that it is an appropriate forum under the factors set forth in section 524.5-706;
(3) this state does not have jurisdiction under either clause (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or
(4) the requirements for special jurisdiction under section 524.5-704 are met.
524.5-704 SPECIAL JURISDICTION.
(a) A court of this state lacking jurisdiction under section 524.5-703 has special jurisdiction to do any of the following:
(1) appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state;
(2) issue a protective order with respect to real or tangible personal property located in this state; and
(3) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to section 524.5-801.
(b) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
524.5-706 APPROPRIATE FORUM.
(a) A court of this state having jurisdiction under section 524.5-703 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(b) If a court of this state declines to exercise its jurisdiction under paragraph (a), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
(c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(1) any expressed preference of the respondent;
(2) whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(3) the length of time the respondent was physically present in or was a legal resident of this or another state;
(4) the distance of the respondent from the court in each state;
(5) the financial circumstances of the respondent's estate;
(6) the nature and location of the evidence;
(7) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8) the familiarity of the court of each state with the facts and issues in the proceeding; and
(9) if an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.