reglab/housing_qa huggingface dataset:
MN Stat § 524.5-404 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.5-404 — Notice.

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. History:  2003 c 12 art 1 s 44; 2020 c 86 art 1 s 41
MN Stat § 524.5-405 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.5-405 — Original Petition: Minors; Preliminaries To Hearing.

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. History:   2003 c 12 art 1 s 45
MN Stat § 524.5-408 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.5-408 — Conservatorship Proceedings: Procedure At Hearing.

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. History:  2003 c 12 art 1 s 47; 2004 c 146 art 2 s 6; 2020 c 86 art 1 s 27
MN Stat § 524.5-410 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.5-410 — Powers Of Court.

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. History:  2003 c 12 art 1 s 49; 2020 c 86 art 1 s 41
MN Stat § 524.5-412 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.5-412 — Protective Arrangements And Single Transactions.

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. History:  2003 c 12 art 1 s 51; 2020 c 86 art 1 s 30
MN Stat § 524.5-413 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.5-413 — Who May Be Conservator; Priorities.

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. History:  2003 c 12 art 1 s 52; 2009 c 150 s 14; 2015 c 11 s 1; 2020 c 86 art 1 s 41
MN Stat § 524.5-414 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.5-414 — Petition For Order Subsequent To Appointment.

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. History:  2003 c 12 art 1 s 53; 2009 c 150 s 15; 2020 c 86 art 1 s 31
MN Stat § 524.5-415 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.5-415 — Bond.

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. History:  2003 c 12 art 1 s 54; 2020 c 86 art 1 s 32
MN Stat § 524.5-416 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.5-416 — Terms And Requirements Of Bond.

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. History:  2003 c 12 art 1 s 55; 2015 c 11 s 2; 2020 c 86 art 1 s 33
MN Stat § 524.5-419 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.5-419 — Inventory; Records.

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. History:  2003 c 12 art 1 s 58; 2020 c 86 art 1 s 41
MN Stat § 524.5-421 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.5-421 — Title After Appointment.

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. History:  2003 c 12 art 1 s 60; 2020 c 86 art 1 s 41
MN Stat § 524.5-422 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.5-422 — Interest Of Person Subject To Conservatorship Nonalienable.

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. History:  2003 c 12 art 1 s 61; 2020 c 86 art 1 s 41
MN Stat § 524.5-423 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.5-423 — Sale, Encumbrance, Or Other Transaction Involving Conflict Of Interest.

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. History:  2003 c 12 art 1 s 62; 2005 c 91 s 2; 2020 c 86 art 1 s 36
MN Stat § 524.5-424 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.5-424 — Protection Of Person Dealing With Conservator.

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. History:   2003 c 12 art 1 s 63
MN Stat § 524.5-426 (2021)
2021 Minnesota Statutes|Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts|Chapter 524 — Uniform Probate Code|Section 524.5-426 — Delegation.

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. History:  2003 c 12 art 1 s 64; 2020 c 86 art 1 s 41