reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.5-119 — Central Registration Of Guardians And Conservators; Appropriation.

524.5-119 CENTRAL REGISTRATION OF GUARDIANS AND CONSERVATORS; APPROPRIATION.
(a) By July 1, 2013, the Supreme Court shall establish a statewide registration system under which guardians and conservators appointed under sections 524.5-101 to 524.5-502 must register with the state court administrator. Registration information must include the name of the guardian or conservator, whether the person is a professional guardian or conservator, date and county of appointment, and other information required by the Supreme Court. Registration data that the Supreme Court determines are accessible to the public must be accessible online or through other means implemented by the Supreme Court.
(b) The state court administrator shall establish registration fees or identify another source of funds to support the costs of developing and administering the registration system. The state court administrator shall determine whether guardians and conservators should pay a registration fee and the amount of the fee, and shall take into consideration whether the guardian or conservator is a professional guardian or conservator, whether the guardian or conservator represents clients in forma pauperis, and the number of persons subject to guardianship or conservatorship the guardian or conservator represents. The state court administrator shall report to the legislature on the fees or other source of funds to support the costs of developing and administering the registration system by January 1, 2012. The state court administrator shall begin collecting fees under this paragraph on July 1, 2012. Fees collected by the state court administrator under this section are appropriated to the Supreme Court.
History:
2009 c 150 s 4; 2020 c 86 art 1 s 41
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.5-121 — Bill Of Particulars.

524.5-121 BILL OF PARTICULARS.
(a) When a bill of particulars is required to be filed under this chapter, it shall be filed pursuant to a form approved by the court. In the absence of a court form, a bill of particulars shall specify the confidential or nonpublic information within the text of the form or as an appendix to the form, including a reference to where the information is located in the pleadings, captioned consistent with the current proceedings, and identification of the bill of particulars as a confidential document. A bill of particulars must be filed consistent with all applicable court rules for submitting confidential or nonpublic documents, including Rule 11 of the Minnesota Rules of General Practice and the Rules of Public Access to Records of the Judicial Branch.
(b) Notwithstanding any provision of this article or of any other law to the contrary, a bill of particulars filed pursuant to this chapter shall be served upon:
(1) the respondent or the respondent's attorneys;
(2) the person subject to guardianship or their attorneys;
(3) the person subject to conservatorship or their attorneys; and
(4) interested persons or their attorneys who file objections in a guardianship or conservatorship or protective proceeding or object to a particular account, report or pleading filed with a bill of particulars.
(c) Notwithstanding any provision of this article or of any other law to the contrary, a bill of particulars filed pursuant to this chapter shall be served upon or otherwise provided to:
(1) any person upon consent of: the respondent or the respondent's attorneys, the person subject to guardianship or the person's attorneys, the person subject to conservatorship or the person's attorneys, the respondent's guardian or conservator, or the guardian or conservator's attorneys; and
(2) other persons by order of the court for good cause shown.
(d) Any person served or provided with a bill of particulars may only disclose the information within it to those authorized to receive the information as provided for in this section. This limitation of disclosure shall be stated in the bill of particulars.
(e) A filing of a bill of particulars consistent with this chapter is not a violation of the Minnesota Health Records Act or section 144.293.
History:
2020 c 86 art 1 s 14
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.5-201 — Appointment And Status Of Guardian.

524.5-201 APPOINTMENT AND STATUS OF GUARDIAN.
A person becomes a guardian of a minor by parental appointment, by designation of a standby guardian pursuant to chapter 257B, or upon appointment by the court. The guardianship continues until terminated, without regard to the location of the guardian or minor person subject to guardianship.
History:
2003 c 12 art 1 s 17; 2020 c 86 art 1 s 41
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.5-203 — Objection By Minor Or Others To Parental Appointment.

524.5-203 OBJECTION BY MINOR OR OTHERS TO PARENTAL APPOINTMENT.
Until the court has confirmed an appointee under section 524.5-202, a minor who is the subject of an appointment by a parent and who has attained 14 years of age, the other parent, or a person other than a parent or guardian having custody or care of the minor may prevent or terminate the appointment at any time by filing in the court in which the appointing instrument is filed a written objection and by giving notice of the objection to the guardian and any other persons entitled to notice of the acceptance of the appointment. An objection may be withdrawn, and if withdrawn is of no effect. An objection does not preclude an appointment of the appointee by the court. The court may treat the filing of an objection as a petition for the appointment of an emergency or a temporary guardian under section 524.5-204, and proceed accordingly.
History:
2003 c 12 art 1 s 19
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.5-204 — Judicial Appointment Of Guardian: Conditions For Appointment.

524.5-204 JUDICIAL APPOINTMENT OF GUARDIAN: CONDITIONS FOR APPOINTMENT.
(a) The court may appoint a guardian for a minor if the court finds the appointment is in the minor's best interest, and:
(i) both parents are deceased; or
(ii) all parental rights have been terminated by court order.
If a guardian is appointed by a parent pursuant to section 524.5-202 and the appointment has not been prevented or terminated under section 524.5-203, that appointee has priority for appointment. However, the court may proceed with another appointment upon a finding that the appointee under section 524.5-202 has failed to accept the appointment within 30 days after notice of the guardianship proceeding.
(b) If necessary and on petition or motion and whether or not the conditions of paragraph (a) have been established, the court may appoint a temporary guardian for a minor upon a showing that an immediate need exists and that the appointment would be in the best interest of the minor. Notice must be given to the parents and to a minor who has attained 14 years of age. Except as otherwise ordered by the court, the temporary guardian has the authority of an unlimited guardian, but the duration of the temporary guardianship may not exceed six months. Within five days after the appointment, the temporary guardian shall send or deliver a copy of the order to all individuals who would be entitled to notice of hearing under section 524.5-205.
(c) If the court finds that following the procedures of this article will likely result in substantial harm to a minor's health or safety and that no other person appears to have authority to act in the circumstances, the court, on appropriate petition, may appoint an emergency guardian for the minor. The duration of the guardian's authority may not exceed 30 days and the guardian may exercise only the powers specified in the order. Reasonable notice of the time and place of a hearing on the petition for appointment of an emergency guardian must be given to the minor, if the minor has attained 14 years of age, to each living parent of the minor, and a person having care or custody of the minor, if other than a parent. The court may dispense with the notice if it finds from affidavit or other sworn testimony that the minor will be substantially harmed before a hearing can be held on the petition. If the guardian is appointed without notice, notice of the appointment must be given within 48 hours after the appointment and a hearing on the appropriateness of the appointment held within five days after the appointment.
History:
2003 c 12 art 1 s 20
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.5-205 — Judicial Appointment Of Guardian: Procedure.

524.5-205 JUDICIAL APPOINTMENT OF GUARDIAN: PROCEDURE.
(a) A person interested in the welfare of a minor may petition for appointment of a guardian.
(b) After a petition is filed, the court shall set a date for hearing, and the petitioner shall give notice of the time and place for hearing the petition, together with a copy of the petition, to:
(1) the minor, if the minor has attained 14 years of age and is not the petitioner;
(2) any person alleged to have had the primary care and custody of the minor during the 60 days before the filing of the petition;
(3) each living parent of the minor or, if there is none, the adult nearest in kinship that can be found;
(4) any person nominated as guardian by the minor if the minor has attained 14 years of age;
(5) any appointee of a parent whose appointment has not been prevented or terminated under section 524.5-203; and
(6) any guardian or conservator currently acting for the minor in this state or elsewhere.
(c) 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.
(d) The court, upon hearing, shall make the appointment if it finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the conditions of section 524.5-204, paragraph (a), have been met, and the best interest of the minor will be served by the appointment. In other cases, the court may dismiss the proceeding or make any other disposition of the matter that will serve the best interest of the minor.
(e) If the court determines at any stage of the proceeding, before or after appointment, 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, provided that such appointment shall expire upon the expiration of the appeal time for the order appointing guardian or the order dismissing a petition or upon such other time or event as the court may direct.
(f) Within 14 days after an appointment, a guardian shall send or deliver to the minor person subject to guardianship, and counsel if represented at the hearing, a copy of the order of appointment accompanied by a notice which advises the minor person subject to guardianship of the right to appeal the guardianship appointment in the time and manner provided by the Rules of Appellate Procedure.
History:
2003 c 12 art 1 s 21; 2020 c 86 art 1 s 15
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.5-206 — Judicial Appointment Of Guardian: Priority Of Minor's Nominee, Limited Guardianship.

524.5-206 JUDICIAL APPOINTMENT OF GUARDIAN: PRIORITY OF MINOR'S NOMINEE, LIMITED GUARDIANSHIP.
(a) The court shall appoint as guardian a person whose appointment will be in the best interest of the minor. The court shall appoint a person nominated by the minor, if the minor has attained 14 years of age, unless the court finds the appointment will be contrary to the best interest of the minor.
(b) In the interest of developing self-reliance of a person subject to guardianship or for other good cause, the court, at the time of appointment or later, on its own motion or on motion of the minor person subject to guardianship or other interested person, may limit the powers of a guardian otherwise granted by this article and thereby create a limited guardianship. Following the same procedure, additional powers may be granted or existing powers may be withdrawn.
History:
2003 c 12 art 1 s 22; 2020 c 86 art 1 s 41
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.5-209 — Rights And Immunities Of Guardian.

524.5-209 RIGHTS AND IMMUNITIES OF GUARDIAN.
(a) A guardian of a minor person subject to guardianship 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 of a minor person subject to guardianship is not liable to a third person for acts of the person subject to guardianship solely by reason of the relationship. A guardian of a minor person subject to guardianship is not liable for injury to the person subject to guardianship resulting from the negligence or act of a third person providing medical or other care, treatment, or service for the person subject to guardianship except to the extent that a parent would be liable under the circumstances.
(c) A guardian of a minor person subject to guardianship may not initiate the commitment of a person subject to guardianship to an institution except in accordance with section 524.5-207.
History:
2003 c 12 art 1 s 24; 2020 c 86 art 1 s 41
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.5-210 — Termination Of Guardianship; Other Proceedings After Appointment.

524.5-210 TERMINATION OF GUARDIANSHIP; OTHER PROCEEDINGS AFTER APPOINTMENT.
(a) A guardianship of a minor terminates upon the minor's death, adoption, emancipation, attainment of majority, or as ordered by the court.
(b) A person subject to guardianship or an interested person may petition for any order that is in the best interest of the person subject to guardianship. The petitioner shall give notice of the hearing on the petition to interested persons pursuant to section 524.5-113 and to any other person as ordered by the court, except notice is not required for the person subject to guardianship if the person subject to guardianship has not attained 14 years of age and is not the petitioner.
History:
2003 c 12 art 1 s 25; 2020 c 86 art 1 s 41
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.5-211 — Delegation Of Power By Parent Or Guardian.

524.5-211 DELEGATION OF POWER BY PARENT OR GUARDIAN.
(a) A parent, legal custodian, or nonprofessional guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding one year, any powers regarding care, custody, or property of the minor or person subject to guardianship, except the power to consent to marriage or adoption of a minor person subject to guardianship.
(b) A professional guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding 30 days, any powers regarding care, custody, or property of the minor or person subject to guardianship, except the power to consent to marriage or adoption of a minor person subject to guardianship. A professional guardian delegating parental rights under this paragraph must submit the power of attorney to the court.
(c) A parent who executes a delegation of powers under this section must mail or give a copy of the document to any other parent within 30 days of its execution unless:
(1) the other parent does not have parenting time or has supervised parenting time; or
(2) there is an existing order for protection under chapter 518B or a similar law of another state in effect against the other parent to protect the parent, legal custodian, or guardian executing the delegation of powers or the child.
(d) A parent, legal custodian, or guardian of a minor child may also delegate those powers by designating a standby or temporary custodian under chapter 257B.
History:
2003 c 12 art 1 s 26; 2020 c 86 art 1 s 16
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.5-301 — Appointment And Status Of Guardian.

524.5-301 APPOINTMENT AND STATUS OF GUARDIAN.
A person becomes a guardian of an incapacitated person by a parental or spousal appointment or upon appointment by the court. The guardianship continues until terminated, without regard to the location of the guardian or person subject to guardianship.
History:
2003 c 12 art 1 s 27; 2020 c 86 art 1 s 41
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.5-307 — Guardian Proceedings; Presence And Rights At Hearing.

524.5-307 GUARDIAN PROCEEDINGS; PRESENCE AND RIGHTS AT HEARING.
(a) Unless excused by the court for good cause, the petitioner and the proposed guardian 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 the 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 guardianship petition and any person subject to guardianship in any other guardianship proceeding has not placed his or her health, physical, or mental condition in controversy. Any denials, allegations or affirmative assertions by the respondent or person subject to guardianship regarding capacity do not place these matters in controversy.
History:
2003 c 12 art 1 s 31; 2020 c 86 art 1 s 19
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.5-308 — Notice.

524.5-308 NOTICE.
(a) A copy of the petition and notice of the hearing on a petition for guardianship must be served personally on the respondent pursuant to section 524.5-304, paragraph (d). 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 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 guardianship, 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 guardian or the making of a protective order.
(c) Notice of the hearing on a petition for an order after appointment of a guardian 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 guardianship is not required if the person subject to guardianship has not attained 14 years of age and is not the petitioner.
(d) The guardian shall give notice of the filing of the guardian's report, together with a copy of the report, to the person subject to guardianship, the court, and any other person the court directs. The notice must be sent or delivered within 14 days after the filing of the report.
History:
2003 c 12 art 1 s 32; 2004 c 146 art 2 s 4; 2020 c 86 art 1 s 41
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.5-309 — Who May Be Guardian: Priorities.

524.5-309 WHO MAY BE GUARDIAN: PRIORITIES.
(a) Subject to paragraph (c), the court, in appointing a guardian, shall consider persons otherwise qualified in the following order of priority:
(1) a guardian, other than a temporary or emergency guardian, currently acting for the respondent in this state or elsewhere;
(2) a health care agent appointed by the respondent in a health care directive that does not include limitations on the nomination of the health care agent as a guardian and is executed pursuant to chapter 145C;
(3) the spouse of the respondent or a person nominated by will or other signed writing executed in the same manner as a health care directive pursuant to chapter 145C of a deceased spouse;
(4) an adult child of the respondent;
(5) a parent of the respondent, or an individual nominated by will or other signed writing executed in the same manner as a health care directive pursuant to chapter 145C of a deceased parent;
(6) an adult with whom the respondent has resided for more than six months before the filing of the petition;
(7) an adult who is related to the respondent by blood, adoption, or marriage; and
(8) any other adult or a professional guardian.
(b) The court, acting in the best interest of the respondent, 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.
(c) 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 guardian unless related to the respondent by blood, marriage, or adoption.
History:
2003 c 12 art 1 s 33; 2009 c 150 s 7; 2010 c 254 s 5
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.5-311 — Emergency Guardian.

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.
History:
2003 c 12 art 1 s 35; 2020 c 86 art 1 s 21
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.5-312 — Temporary Substitute Guardian.

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.
History:
2003 c 12 art 1 s 36; 2020 c 86 art 1 s 41
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.5-315 — Rights And Immunities Of Guardian; Limitations.

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.
History:
2003 c 12 art 1 s 38; 2009 c 150 s 9; 2010 c 254 s 7; 2020 c 86 art 1 s 41
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.5-317 — Termination Or Modification Of Guardianship; Court Orders.

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.
History:
2003 c 12 art 1 s 40; 2009 c 150 s 11; 2020 c 86 art 1 s 24
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.5-401 — Protective Proceeding.

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.
History:
2003 c 12 art 1 s 41
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.5-402 — Jurisdiction Over Business Affairs Of Person Subject To Conservatorship.

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.
History:
2003 c 12 art 1 s 42; 2020 c 86 art 1 s 41
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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