Bill Text: MN SF7 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Guardians and conservators appointments requirements modifications
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2013-04-02 - General Orders: Stricken and re-referred to Finance [SF7 Detail]
Download: Minnesota-2013-SF7-Engrossed.html
1.2relating to protected persons; guardians and conservators; modifying provisions
1.3related to the appointment of guardians and conservators; increasing background
1.4study fee; modifying contents of annual reports made by guardians and
1.5conservators;amending Minnesota Statutes 2012, sections 245C.32, subdivision
1.62; 524.5-118, subdivision 1, by adding a subdivision; 524.5-303; 524.5-316;
1.7524.5-403; 524.5-420.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 245C.32, subdivision 2, is amended to read:
1.10 Subd. 2. Use. (a) The commissioner may also use these systems and records to
1.11obtain and provide criminal history data from the Bureau of Criminal Apprehension,
1.12criminal history data held by the commissioner, and data about substantiated maltreatment
1.13under section626.556 or
626.557 , for other purposes, provided that:
1.14(1) the background study is specifically authorized in statute; or
1.15(2) the request is made with the informed consent of the subject of the study as
1.16provided in section13.05, subdivision 4 .
1.17(b) An individual making a request under paragraph (a), clause (2), must agree in
1.18writing not to disclose the data to any other individual without the consent of the subject
1.19of the data.
1.20(c) The commissioner may recover the cost of obtaining and providing background
1.21study data by charging the individual or entity requesting the study a fee of no more
1.22than $20 per study. The fees collected under this paragraph are appropriated to the
1.23commissioner for the purpose of conducting background studies.
1.24(d) The commissioner shall recover the cost of obtaining background study data
1.25required under section 524.5-118 through a fee of $22 per study for an individual who
2.1has not lived outside Minnesota for the past ten years, and a fee of $37 for an individual
2.2who has resided outside of Minnesota for any period during the ten years preceding the
2.3background study. The commissioner shall recover, from the individual, any additional
2.4fees charged by other states' licensing agencies that are associated with these data requests.
2.5Fees under subdivision 3 also apply when criminal history data from the National Criminal
2.6Records Repository is required.
2.7 Sec. 2. Minnesota Statutes 2012, section 524.5-118, subdivision 1, is amended to read:
2.8 Subdivision 1. When required; exception. (a) The court shall require a background
2.9study under this section:
2.10(1) before the appointment of a guardian or conservator, unless a background study
2.11has been done on the person under this section within the previousfive two years; and
2.12(2) once everyfive two years after the appointment, if the person continues to serve
2.13as a guardian or conservator.
2.14(b) The background study must include:
2.15(1) criminal history data from the Bureau of Criminal Apprehension, other criminal
2.16history data held by the commissioner of human services, and data regarding whether the
2.17person has been a perpetrator of substantiated maltreatment of a vulnerable adultand a
2.18 or minor.;
2.19(c) The court shall request a search of the (2) criminal history data from the National
2.20Criminal Records Repository if the proposed guardian or conservator has not resided in
2.21Minnesota for the previousfive ten years or if the Bureau of Criminal Apprehension
2.22information received from the commissioner of human services under subdivision 2,
2.23paragraph (b), indicates that the subject is a multistate offender or that the individual's
2.24multistate offender status is undetermined.
2.25(3) state licensing agency data if the proposed guardian or conservator has ever been
2.26denied a professional license in the state of Minnesota or elsewhere that is directly related
2.27to the responsibilities of a professional fiduciary, or has ever held a professional license
2.28directly related to the responsibilities of a professional fiduciary that was conditioned,
2.29suspended, revoked, or canceled.
2.30(d) (c) If the guardian or conservator is not an individual, the background study must
2.31be done on all individuals currently employed by the proposed guardian or conservator
2.32who will be responsible for exercising powers and duties under the guardianship or
2.33conservatorship.
2.34(e) (d) If the court determines that it would be in the best interests of the ward or
2.35protected person to appoint a guardian or conservator before the background study can
3.1be completed, the court may make the appointment pending the results of the study,
3.2however, the background study must then be completed as soon as reasonably possible
3.3after appointment, no later than 30 days after appointment.
3.4(f) (e) The fee for conducting a background study for appointment of a professional
3.5guardian or conservator must be paid by the guardian or conservator. In other cases,
3.6the fee must be paid as follows:
3.7(1) if the matter is proceeding in forma pauperis, the fee is an expense for purposes
3.8of section524.5-502, paragraph (a) ;
3.9(2) if there is an estate of the ward or protected person, the fee must be paid from
3.10the estate; or
3.11(3) in the case of a guardianship or conservatorship of the person that is not
3.12proceeding in forma pauperis, the court may order that the fee be paid by the guardian or
3.13conservator or by the court.
3.14(g) (f) The requirements of this subdivision do not apply if the guardian or
3.15conservator is:
3.16(1) a state agency or county;
3.17(2) a parent or guardian of a proposed ward or protected person who has a
3.18developmental disability, if the parent or guardian has raised the proposed ward or
3.19protected person in the family home until the time the petition is filed, unless counsel
3.20appointed for the proposed ward or protected person under section524.5-205, paragraph
3.21(d) ;
524.5-304, paragraph (b) ;
524.5-405, paragraph (a) ; or
524.5-406, paragraph (b) ,
3.22recommends a background study; or
3.23(3) a bank with trust powers, bank and trust company, or trust company, organized
3.24under the laws of any state or of the United States and which is regulated by the
3.25commissioner of commerce or a federal regulator.
3.26 Sec. 3. Minnesota Statutes 2012, section 524.5-118, is amended by adding a
3.27subdivision to read:
3.28 Subd. 2a. Procedure; state licensing agency data. The court shall request the
3.29commissioner of human services to provide the court within 25 working days of receipt of
3.30the request with licensing agency data from the appropriate Minnesota licensing agencies,
3.31which agencies shall provide such data to the commissioner within ten working days, upon
3.32an e-mail request by the commissioner. The data provided by the commissioner to the court
3.33shall include, as applicable, license number and status; original date of issue; last renewal
3.34date; expiration date; date of the denial, condition, suspension, revocation, or cancellation;
3.35the name of the licensing agency that denied, conditioned, suspended, revoked, or canceled
4.1the license; and the basis for denial, condition, suspension, revocation, or cancellation
4.2of the license. If the proposed guardian or conservator has resided in a state other than
4.3Minnesota in the previous ten years, licensing agency data shall also include the licensing
4.4agency data from any other state where the proposed guardian or conservator resided. If
4.5the proposed guardian or conservator has or has had a professional license in another state
4.6that is directly related to the responsibilities of a professional fiduciary, state licensing
4.7agency data shall also include data from the relevant licensing agency of that state.
4.8 Sec. 4. Minnesota Statutes 2012, section 524.5-303, is amended to read:
4.9524.5-303 JUDICIAL APPOINTMENT OF GUARDIAN: PETITION.
4.10(a) An individual or a person interested in the individual's welfare may petition for
4.11a determination of incapacity, in whole or in part, and for the appointment of a limited
4.12or unlimited guardian for the individual.
4.13(b) The petition must set forth the petitioner's name, residence, current address if
4.14different, relationship to the respondent, and interest in the appointment and, to the extent
4.15known, state or contain the following with respect to the respondent and the relief requested:
4.16(1) the respondent's name, age, principal residence, current street address, and, if
4.17different, the address of the dwelling in which it is proposed that the respondent will
4.18reside if the appointment is made;
4.19(2) the name and address of the respondent's:
4.20(i) spouse, or if the respondent has none, an adult with whom the respondent has
4.21resided for more than six months before the filing of the petition; and
4.22(ii) adult children or, if the respondent has none, the respondent's parents and adult
4.23brothers and sisters, or if the respondent has none, at least one of the adults nearest in
4.24kinship to the respondent who can be found;
4.25(3) the name of the administrative head and address of the institution where the
4.26respondent is a patient, resident, or client of any hospital, nursing home, home care
4.27agency, or other institution;
4.28(4) the name and address of any legal representative for the respondent;
4.29(5) the name, address, and telephone number of any person nominated as guardian
4.30by the respondent in any manner permitted by law, including a health care agent nominated
4.31in a health care directive;
4.32(6) the name, address, and telephone number of any proposed guardian and the
4.33reason why the proposed guardian should be selected;
4.34(7) the name and address of any health care agent or proxy appointed pursuant to
4.35a health care directive as defined in section145C.01 , a living will under chapter 145B,
5.1or other similar document executed in another state and enforceable under the laws of
5.2this state;
5.3(8) the reason why guardianship is necessary, including a brief description of the
5.4nature and extent of the respondent's alleged incapacity;
5.5(9) if an unlimited guardianship is requested, the reason why limited guardianship
5.6is inappropriate and, if a limited guardianship is requested, the powers to be granted to
5.7the limited guardian; and
5.8(10) a general statement of the respondent's property with an estimate of its value,
5.9including any insurance or pension, and the source and amount of any other anticipated
5.10income or receipts.
5.11(c) The petition must also set forth the following information regarding the proposed
5.12guardian or any employee of the guardian responsible for exercising powers and duties
5.13under the guardianship:
5.14(1) whether the proposed guardian has ever been removed for cause from serving as
5.15a guardian or conservator and, if so, the case number and court location;and
5.16(2) if the proposed guardian is a professional guardian or conservator, a summary of
5.17the proposed guardian's educational background and relevant work and other experience.;
5.18(3) whether the proposed guardian has ever applied for or held, at any time, any
5.19professional license, and if so, the name of the licensing agency, and as applicable, the
5.20license number and status; whether the license is active or has been denied, conditioned,
5.21suspended, revoked, or canceled; and the basis for the denial, condition, suspension,
5.22revocation, or cancellation of the license;
5.23(4) whether the proposed guardian has ever been found civilly liable in an action
5.24that involved fraud, misrepresentation, material omission, misappropriation, theft, or
5.25conversion, and if so, the case number and court location;
5.26(5) whether the proposed guardian has ever filed for or received protection under the
5.27bankruptcy laws, and if so, the case number and court location;
5.28(6) whether the proposed guardian has any outstanding civil monetary judgments
5.29against the proposed guardian, and if so, the case number, court location, and outstanding
5.30amount owed;
5.31(7) whether an order for protection or harassment restraining order has ever been
5.32issued against the proposed guardian, and if so, the case number and court location; and
5.33(8) whether the proposed guardian has ever been convicted of a crime other than a
5.34petty misdemeanor or traffic offense, and if so, the case number and the crime of which
5.35the guardian was convicted.
6.1 Sec. 5. Minnesota Statutes 2012, section 524.5-316, is amended to read:
6.2524.5-316 REPORTS; MONITORING OF GUARDIANSHIP; COURT
6.3ORDERS.
6.4(a) A guardian shall report to the court in writing on the condition of the ward at least
6.5annually and whenever ordered by the court. A copy of the report must be provided to the
6.6ward and to interested persons of record with the court. A report must state or contain:
6.7(1) the current mental, physical, and social condition of the ward;
6.8(2) the living arrangements for all addresses of the ward during the reporting period;
6.9(3) any restrictions placed on the ward's right to communication and visitation with
6.10persons of the ward's choice and the factual bases for those restrictions;
6.11(4) the medical, educational, vocational, and other services provided to the ward and
6.12the guardian's opinion as to the adequacy of the ward's care;
6.13(5) a recommendation as to the need for continued guardianship and any
6.14recommended changes in the scope of the guardianship;
6.15(6) an address and telephone number where the guardian can be contacted; and
6.16(7) whether the guardian has ever been removed for cause from serving as a guardian
6.17or conservator and, if so, the case number and court location;
6.18(8) any changes occurring that would affect the accuracy of information contained
6.19in the most recent criminal background study of the guardian conducted under section
6.20524.5-118; and
6.21(9) (7) if applicable, the amount of reimbursement for services rendered to the ward
6.22that the guardian received during the previous year that were not reimbursed by county
6.23contract.
6.24(b) A guardian shall report to the court in writing within 30 days of the occurrence
6.25of any of the events listed in this subdivision. The guardian must report any of the
6.26occurrences in this subdivision and follow the same reporting requirements in this
6.27subdivision for any employee of the guardian responsible for exercising powers and
6.28duties under the guardianship. A copy of the report must be provided to the ward and to
6.29interested persons of record with the court. A guardian shall report when:
6.30(1) the guardian is removed for cause from serving as a guardian or conservator, and
6.31if so, the case number and court location;
6.32(2) the guardian has a professional license denied, conditioned, suspended, revoked,
6.33or canceled, and if so, the licensing agency and license number, and the basis for denial,
6.34condition, suspension, revocation, or cancellation of the license;
7.1(3) the guardian is found civilly liable in an action that involves fraud,
7.2misrepresentation, material omission, misappropriation, theft, or conversion, and if so, the
7.3case number and court location;
7.4(4) the guardian files for or receives protection under the bankruptcy laws, and
7.5if so, the case number and court location;
7.6(5) a civil monetary judgment is entered against the guardian, and if so, the case
7.7number, court location, and outstanding amount owed;
7.8(6) the guardian is convicted of a crime other than a petty misdemeanor or traffic
7.9offense, and if so, the case number and court location; or
7.10(7) an order for protection or harassment restraining order is issued against the
7.11guardian, and if so, the case number and court location.
7.12(b) (c) A ward or interested person of record with the court may submit to the court a
7.13written statement disputing statements or conclusions regarding the condition of the ward
7.14or addressing any disciplinary or legal action thatare is contained in the report guardian's
7.15reports and may petition the court for an order that is in the best interests of the ward or
7.16for other appropriate relief.
7.17(c) (d) An interested person may notify the court in writing that the interested person
7.18does not wish to receive copies of reports required under this section.
7.19(d) (e) The court may appoint a visitor to review a report, interview the ward or
7.20guardian, and make any other investigation the court directs.
7.21(e) (f) The court shall establish a system for monitoring guardianships, including the
7.22filing and review of annual reports. If an annual report is not filed within 60 days of the
7.23required date, the court shall issue an order to show cause.
7.24(g) If a guardian fails to comply with this section, the court may decline to appoint that
7.25person as a guardian or conservator, or may remove a person as guardian or conservator.
7.26 Sec. 6. Minnesota Statutes 2012, section 524.5-403, is amended to read:
7.27524.5-403 ORIGINAL PETITION FOR APPOINTMENT OR PROTECTIVE
7.28ORDER.
7.29(a) The following may petition for the appointment of a conservator or for any
7.30other appropriate protective order:
7.31(1) the person to be protected;
7.32(2) an individual interested in the estate, affairs, or welfare of the person to be
7.33protected; or
7.34(3) a person who would be adversely affected by lack of effective management of
7.35the property and business affairs of the person to be protected.
8.1(b) The petition must set forth the petitioner's name, residence, current address
8.2if different, relationship to the respondent, and interest in the appointment or other
8.3protective order, and, to the extent known, state or contain the following with respect to
8.4the respondent and the relief requested:
8.5(1) the respondent's name, age, principal residence, current street address, and, if
8.6different, the address of the dwelling where it is proposed that the respondent will reside if
8.7the appointment is made;
8.8(2) if the petition alleges impairment in the respondent's ability to receive and
8.9evaluate information, a brief description of the nature and extent of the respondent's
8.10alleged impairment;
8.11(3) if the petition alleges that the respondent is missing, detained, or unable to
8.12return to the United States, a statement of the relevant circumstances, including the time
8.13and nature of the disappearance or detention and a description of any search or inquiry
8.14concerning the respondent's whereabouts;
8.15(4) the name and address of the respondent's:
8.16(i) spouse, or if the respondent has none, an adult with whom the respondent has
8.17resided for more than six months before the filing of the petition; and
8.18(ii) adult children or, if the respondent has none, the respondent's parents and adult
8.19brothers and sisters or, if the respondent has none, at least one of the adults nearest in
8.20kinship to the respondent who can be found;
8.21(5) the name of the administrative head and address of the institution where the
8.22respondent is a patient, resident, or client of any hospital, nursing home, home care
8.23agency, or other institution;
8.24(6) the name and address of any legal representative for the respondent;
8.25(7) the name and address of any health care agent or proxy appointed pursuant to
8.26a health care directive as defined in section145C.01 , a living will under chapter 145B,
8.27or other similar document executed in another state and enforceable under the laws of
8.28this state;
8.29(8) a general statement of the respondent's property with an estimate of its value,
8.30including any insurance or pension, and the source and amount of other anticipated
8.31income or receipts; and
8.32(9) the reason why a conservatorship or other protective order is in the best interest
8.33of the respondent.
8.34(c) If a conservatorship is requested, the petition must also set forth to the extent
8.35known:
9.1(1) the name, address, and telephone number of any proposed conservator and the
9.2reason why the proposed conservator should be selected;
9.3(2) the name, address, and telephone number of any person nominated as conservator
9.4by the respondent if the respondent has attained 14 years of age; and
9.5(3) the type of conservatorship requested and, if an unlimited conservatorship,
9.6the reason why limited conservatorship is inappropriate or, if a limited conservatorship,
9.7the property to be placed under the conservator's control and any limitation on the
9.8conservator's powers and duties.
9.9(d) The petition must also set forth the following information regarding the proposed
9.10conservator or any employee of the conservator responsible for exercising powers and
9.11duties under the conservatorship:
9.12(1) whether the proposed conservator has ever been removed for cause from serving
9.13as a guardian or conservator and, if so, the case number and court location;and
9.14(2) if the proposed conservator is a professional guardian or conservator, a summary
9.15of the proposed conservator's educational background and relevant work and other
9.16experience.;
9.17(3) whether the proposed conservator has ever applied for or held, at any time, any
9.18professional license, and if so, the name of the licensing agency, and as applicable, the
9.19license number and status; whether the license is active or has been denied, conditioned,
9.20suspended, revoked, or canceled; and the basis for the denial, condition, suspension,
9.21revocation, or cancellation of the license;
9.22(4) whether the proposed conservator has ever been found civilly liable in an action
9.23that involved fraud, misrepresentation, material omission, misappropriation, theft, or
9.24conversion, and if so, the case number and court location;
9.25(5) whether the proposed conservator has ever filed for or received protection under
9.26the bankruptcy laws, and if so, the case number and court location;
9.27(6) whether the proposed conservator has any outstanding civil monetary judgments
9.28against the proposed conservator, and if so, the case number, court location, and
9.29outstanding amount owed;
9.30(7) whether an order for protection or harassment restraining order has ever been
9.31issued against the proposed conservator, and if so, the case number and court location; and
9.32(8) whether the proposed conservator has ever been convicted of a crime other than
9.33a petty misdemeanor or traffic offense, and if so, the case number and the crime of which
9.34the conservator was convicted.
10.1 Sec. 7. Minnesota Statutes 2012, section 524.5-420, is amended to read:
10.2524.5-420 REPORTS; APPOINTMENT OF VISITOR; MONITORING;
10.3COURT ORDERS.
10.4(a) A conservator shall report to the court for administration of the estate annually
10.5unless the court otherwise directs, upon resignation or removal, upon termination of the
10.6conservatorship, and at other times as the court directs. An order, after notice and hearing,
10.7allowing an intermediate report of a conservator adjudicates liabilities concerning the
10.8matters adequately disclosed in the accounting. An order, after notice and hearing, allowing
10.9a final report adjudicates all previously unsettled liabilities relating to the conservatorship.
10.10(b) A report must state or contain a listing of the assets of the estate under the
10.11conservator's control and a listing of the receipts, disbursements, and distributions during
10.12the reporting period.
10.13(c) The report must also state:
10.14(1) an address and telephone number where the conservator can be contacted;.
10.15(2) whether the conservator has ever been removed for cause from serving as a
10.16guardian or conservator and, if so, the case number and court locations; and
10.17(3) any changes occurring that would affect the accuracy of information contained in
10.18the most recent criminal background study of the conservator conducted under section
10.19524.5-118.
10.20(d) A conservator shall report to the court in writing within 30 days of the occurrence
10.21of any of the events listed in this subdivision. The conservator must report any of the
10.22occurrences in this subdivision and follow the same reporting requirements in this
10.23subdivision for any employee of the conservator responsible for exercising powers and
10.24duties under the conservatorship. A copy of the report must be provided to the protected
10.25person and to interested persons of record with the court. A conservator shall report when:
10.26(1) the conservator is removed for cause from serving as a guardian or conservator,
10.27and if so, the case number and court location;
10.28(2) the conservator has a professional license denied, conditioned, suspended,
10.29revoked, or canceled, and if so, the licensing agency and license number, and the basis for
10.30denial, condition, suspension, revocation, or cancellation of the license;
10.31(3) the conservator is found civilly liable in an action that involves fraud,
10.32misrepresentation, material omission, misappropriation, theft, or conversion, and if so, the
10.33case number and court location;
10.34(4) the conservator files for or receives protection under the bankruptcy laws, and
10.35if so, the case number and court location;
11.1(5) a civil monetary judgment is entered against the conservator, and if so, the case
11.2number, court location, and outstanding amount owed;
11.3(6) the conservator is convicted of a crime other than a petty misdemeanor or traffic
11.4offense, and if so, the case number and court location; or
11.5(7) an order for protection or harassment restraining order is issued against the
11.6conservator, and if so, the case number and court location.
11.7(d) (e) A protected person or an interested person of record with the court may
11.8submit to the court a written statement disputing account statements regarding the
11.9administration of the estate or addressing any disciplinary or legal action thatare is
11.10 contained in thereport reports and may petition the court for any order that is in the best
11.11interests of the protected person and the estate or for other appropriate relief.
11.12(e) (f) An interested person may notify the court in writing that the interested person
11.13does not wish to receive copies of reports required under this section.
11.14(f) (g) The court may appoint a visitor to review a report or plan, interview the
11.15protected person or conservator, and make any other investigation the court directs. In
11.16connection with a report, the court may order a conservator to submit the assets of the
11.17estate to an appropriate examination to be made in a manner the court directs.
11.18(g) (h) The court shall establish a system for monitoring of conservatorships,
11.19including the filing and review of conservators' reports and plans. If an annual report is
11.20not filed within 60 days of the required date, the court shall issue an order to show cause.
11.21(i) If a conservator fails to comply with this section, the court may decline to appoint
11.22that person as a guardian or conservator, or may remove a person as guardian or conservator.
1.3related to the appointment of guardians and conservators; increasing background
1.4study fee; modifying contents of annual reports made by guardians and
1.5conservators;amending Minnesota Statutes 2012, sections 245C.32, subdivision
1.62; 524.5-118, subdivision 1, by adding a subdivision; 524.5-303; 524.5-316;
1.7524.5-403; 524.5-420.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 245C.32, subdivision 2, is amended to read:
1.10 Subd. 2. Use. (a) The commissioner may also use these systems and records to
1.11obtain and provide criminal history data from the Bureau of Criminal Apprehension,
1.12criminal history data held by the commissioner, and data about substantiated maltreatment
1.13under section
1.14(1) the background study is specifically authorized in statute; or
1.15(2) the request is made with the informed consent of the subject of the study as
1.16provided in section
1.17(b) An individual making a request under paragraph (a), clause (2), must agree in
1.18writing not to disclose the data to any other individual without the consent of the subject
1.19of the data.
1.20(c) The commissioner may recover the cost of obtaining and providing background
1.21study data by charging the individual or entity requesting the study a fee of no more
1.22than $20 per study. The fees collected under this paragraph are appropriated to the
1.23commissioner for the purpose of conducting background studies.
1.24(d) The commissioner shall recover the cost of obtaining background study data
1.25required under section 524.5-118 through a fee of $22 per study for an individual who
2.1has not lived outside Minnesota for the past ten years, and a fee of $37 for an individual
2.2who has resided outside of Minnesota for any period during the ten years preceding the
2.3background study. The commissioner shall recover, from the individual, any additional
2.4fees charged by other states' licensing agencies that are associated with these data requests.
2.5Fees under subdivision 3 also apply when criminal history data from the National Criminal
2.6Records Repository is required.
2.7 Sec. 2. Minnesota Statutes 2012, section 524.5-118, subdivision 1, is amended to read:
2.8 Subdivision 1. When required; exception. (a) The court shall require a background
2.9study under this section:
2.10(1) before the appointment of a guardian or conservator, unless a background study
2.11has been done on the person under this section within the previous
2.12(2) once every
2.13as a guardian or conservator.
2.14(b) The background study must include:
2.15(1) criminal history data from the Bureau of Criminal Apprehension, other criminal
2.16history data held by the commissioner of human services, and data regarding whether the
2.17person has been a perpetrator of substantiated maltreatment of a vulnerable adult
2.18 or minor
2.19
2.20Criminal Records Repository if the proposed guardian or conservator has not resided in
2.21Minnesota for the previous
2.22information received from the commissioner of human services under subdivision 2,
2.23paragraph (b), indicates that the subject is a multistate offender or that the individual's
2.24multistate offender status is undetermined.
2.25(3) state licensing agency data if the proposed guardian or conservator has ever been
2.26denied a professional license in the state of Minnesota or elsewhere that is directly related
2.27to the responsibilities of a professional fiduciary, or has ever held a professional license
2.28directly related to the responsibilities of a professional fiduciary that was conditioned,
2.29suspended, revoked, or canceled.
2.30
2.31be done on all individuals currently employed by the proposed guardian or conservator
2.32who will be responsible for exercising powers and duties under the guardianship or
2.33conservatorship.
2.34
2.35protected person to appoint a guardian or conservator before the background study can
3.1be completed, the court may make the appointment pending the results of the study,
3.2however, the background study must then be completed as soon as reasonably possible
3.3after appointment, no later than 30 days after appointment.
3.4
3.5guardian or conservator must be paid by the guardian or conservator. In other cases,
3.6the fee must be paid as follows:
3.7(1) if the matter is proceeding in forma pauperis, the fee is an expense for purposes
3.8of section
3.9(2) if there is an estate of the ward or protected person, the fee must be paid from
3.10the estate; or
3.11(3) in the case of a guardianship or conservatorship of the person that is not
3.12proceeding in forma pauperis, the court may order that the fee be paid by the guardian or
3.13conservator or by the court.
3.14
3.15conservator is:
3.16(1) a state agency or county;
3.17(2) a parent or guardian of a proposed ward or protected person who has a
3.18developmental disability, if the parent or guardian has raised the proposed ward or
3.19protected person in the family home until the time the petition is filed, unless counsel
3.20appointed for the proposed ward or protected person under section
3.21(d)
3.22recommends a background study; or
3.23(3) a bank with trust powers, bank and trust company, or trust company, organized
3.24under the laws of any state or of the United States and which is regulated by the
3.25commissioner of commerce or a federal regulator.
3.26 Sec. 3. Minnesota Statutes 2012, section 524.5-118, is amended by adding a
3.27subdivision to read:
3.28 Subd. 2a. Procedure; state licensing agency data. The court shall request the
3.29commissioner of human services to provide the court within 25 working days of receipt of
3.30the request with licensing agency data from the appropriate Minnesota licensing agencies,
3.31which agencies shall provide such data to the commissioner within ten working days, upon
3.32an e-mail request by the commissioner. The data provided by the commissioner to the court
3.33shall include, as applicable, license number and status; original date of issue; last renewal
3.34date; expiration date; date of the denial, condition, suspension, revocation, or cancellation;
3.35the name of the licensing agency that denied, conditioned, suspended, revoked, or canceled
4.1the license; and the basis for denial, condition, suspension, revocation, or cancellation
4.2of the license. If the proposed guardian or conservator has resided in a state other than
4.3Minnesota in the previous ten years, licensing agency data shall also include the licensing
4.4agency data from any other state where the proposed guardian or conservator resided. If
4.5the proposed guardian or conservator has or has had a professional license in another state
4.6that is directly related to the responsibilities of a professional fiduciary, state licensing
4.7agency data shall also include data from the relevant licensing agency of that state.
4.8 Sec. 4. Minnesota Statutes 2012, section 524.5-303, is amended to read:
4.9524.5-303 JUDICIAL APPOINTMENT OF GUARDIAN: PETITION.
4.10(a) An individual or a person interested in the individual's welfare may petition for
4.11a determination of incapacity, in whole or in part, and for the appointment of a limited
4.12or unlimited guardian for the individual.
4.13(b) The petition must set forth the petitioner's name, residence, current address if
4.14different, relationship to the respondent, and interest in the appointment and, to the extent
4.15known, state or contain the following with respect to the respondent and the relief requested:
4.16(1) the respondent's name, age, principal residence, current street address, and, if
4.17different, the address of the dwelling in which it is proposed that the respondent will
4.18reside if the appointment is made;
4.19(2) the name and address of the respondent's:
4.20(i) spouse, or if the respondent has none, an adult with whom the respondent has
4.21resided for more than six months before the filing of the petition; and
4.22(ii) adult children or, if the respondent has none, the respondent's parents and adult
4.23brothers and sisters, or if the respondent has none, at least one of the adults nearest in
4.24kinship to the respondent who can be found;
4.25(3) the name of the administrative head and address of the institution where the
4.26respondent is a patient, resident, or client of any hospital, nursing home, home care
4.27agency, or other institution;
4.28(4) the name and address of any legal representative for the respondent;
4.29(5) the name, address, and telephone number of any person nominated as guardian
4.30by the respondent in any manner permitted by law, including a health care agent nominated
4.31in a health care directive;
4.32(6) the name, address, and telephone number of any proposed guardian and the
4.33reason why the proposed guardian should be selected;
4.34(7) the name and address of any health care agent or proxy appointed pursuant to
4.35a health care directive as defined in section
5.1or other similar document executed in another state and enforceable under the laws of
5.2this state;
5.3(8) the reason why guardianship is necessary, including a brief description of the
5.4nature and extent of the respondent's alleged incapacity;
5.5(9) if an unlimited guardianship is requested, the reason why limited guardianship
5.6is inappropriate and, if a limited guardianship is requested, the powers to be granted to
5.7the limited guardian; and
5.8(10) a general statement of the respondent's property with an estimate of its value,
5.9including any insurance or pension, and the source and amount of any other anticipated
5.10income or receipts.
5.11(c) The petition must also set forth the following information regarding the proposed
5.12guardian or any employee of the guardian responsible for exercising powers and duties
5.13under the guardianship:
5.14(1) whether the proposed guardian has ever been removed for cause from serving as
5.15a guardian or conservator and, if so, the case number and court location;
5.16(2) if the proposed guardian is a professional guardian or conservator, a summary of
5.17the proposed guardian's educational background and relevant work and other experience
5.18(3) whether the proposed guardian has ever applied for or held, at any time, any
5.19professional license, and if so, the name of the licensing agency, and as applicable, the
5.20license number and status; whether the license is active or has been denied, conditioned,
5.21suspended, revoked, or canceled; and the basis for the denial, condition, suspension,
5.22revocation, or cancellation of the license;
5.23(4) whether the proposed guardian has ever been found civilly liable in an action
5.24that involved fraud, misrepresentation, material omission, misappropriation, theft, or
5.25conversion, and if so, the case number and court location;
5.26(5) whether the proposed guardian has ever filed for or received protection under the
5.27bankruptcy laws, and if so, the case number and court location;
5.28(6) whether the proposed guardian has any outstanding civil monetary judgments
5.29against the proposed guardian, and if so, the case number, court location, and outstanding
5.30amount owed;
5.31(7) whether an order for protection or harassment restraining order has ever been
5.32issued against the proposed guardian, and if so, the case number and court location; and
5.33(8) whether the proposed guardian has ever been convicted of a crime other than a
5.34petty misdemeanor or traffic offense, and if so, the case number and the crime of which
5.35the guardian was convicted.
6.1 Sec. 5. Minnesota Statutes 2012, section 524.5-316, is amended to read:
6.2524.5-316 REPORTS; MONITORING OF GUARDIANSHIP; COURT
6.3ORDERS.
6.4(a) A guardian shall report to the court in writing on the condition of the ward at least
6.5annually and whenever ordered by the court. A copy of the report must be provided to the
6.6ward and to interested persons of record with the court. A report must state or contain:
6.7(1) the current mental, physical, and social condition of the ward;
6.8(2) the living arrangements for all addresses of the ward during the reporting period;
6.9(3) any restrictions placed on the ward's right to communication and visitation with
6.10persons of the ward's choice and the factual bases for those restrictions;
6.11(4) the medical, educational, vocational, and other services provided to the ward and
6.12the guardian's opinion as to the adequacy of the ward's care;
6.13(5) a recommendation as to the need for continued guardianship and any
6.14recommended changes in the scope of the guardianship;
6.15(6) an address and telephone number where the guardian can be contacted; and
6.16
6.17
6.18
6.19
6.20
6.21
6.22that the guardian received during the previous year that were not reimbursed by county
6.23contract.
6.24(b) A guardian shall report to the court in writing within 30 days of the occurrence
6.25of any of the events listed in this subdivision. The guardian must report any of the
6.26occurrences in this subdivision and follow the same reporting requirements in this
6.27subdivision for any employee of the guardian responsible for exercising powers and
6.28duties under the guardianship. A copy of the report must be provided to the ward and to
6.29interested persons of record with the court. A guardian shall report when:
6.30(1) the guardian is removed for cause from serving as a guardian or conservator, and
6.31if so, the case number and court location;
6.32(2) the guardian has a professional license denied, conditioned, suspended, revoked,
6.33or canceled, and if so, the licensing agency and license number, and the basis for denial,
6.34condition, suspension, revocation, or cancellation of the license;
7.1(3) the guardian is found civilly liable in an action that involves fraud,
7.2misrepresentation, material omission, misappropriation, theft, or conversion, and if so, the
7.3case number and court location;
7.4(4) the guardian files for or receives protection under the bankruptcy laws, and
7.5if so, the case number and court location;
7.6(5) a civil monetary judgment is entered against the guardian, and if so, the case
7.7number, court location, and outstanding amount owed;
7.8(6) the guardian is convicted of a crime other than a petty misdemeanor or traffic
7.9offense, and if so, the case number and court location; or
7.10(7) an order for protection or harassment restraining order is issued against the
7.11guardian, and if so, the case number and court location.
7.12
7.13written statement disputing statements or conclusions regarding the condition of the ward
7.14or addressing any disciplinary or legal action that
7.15reports and may petition the court for an order that is in the best interests of the ward or
7.16for other appropriate relief.
7.17
7.18does not wish to receive copies of reports required under this section.
7.19
7.20guardian, and make any other investigation the court directs.
7.21
7.22filing and review of annual reports. If an annual report is not filed within 60 days of the
7.23required date, the court shall issue an order to show cause.
7.24(g) If a guardian fails to comply with this section, the court may decline to appoint that
7.25person as a guardian or conservator, or may remove a person as guardian or conservator.
7.26 Sec. 6. Minnesota Statutes 2012, section 524.5-403, is amended to read:
7.27524.5-403 ORIGINAL PETITION FOR APPOINTMENT OR PROTECTIVE
7.28ORDER.
7.29(a) The following may petition for the appointment of a conservator or for any
7.30other appropriate protective order:
7.31(1) the person to be protected;
7.32(2) an individual interested in the estate, affairs, or welfare of the person to be
7.33protected; or
7.34(3) a person who would be adversely affected by lack of effective management of
7.35the property and business affairs of the person to be protected.
8.1(b) The petition must set forth the petitioner's name, residence, current address
8.2if different, relationship to the respondent, and interest in the appointment or other
8.3protective order, and, to the extent known, state or contain the following with respect to
8.4the respondent and the relief requested:
8.5(1) the respondent's name, age, principal residence, current street address, and, if
8.6different, the address of the dwelling where it is proposed that the respondent will reside if
8.7the appointment is made;
8.8(2) if the petition alleges impairment in the respondent's ability to receive and
8.9evaluate information, a brief description of the nature and extent of the respondent's
8.10alleged impairment;
8.11(3) if the petition alleges that the respondent is missing, detained, or unable to
8.12return to the United States, a statement of the relevant circumstances, including the time
8.13and nature of the disappearance or detention and a description of any search or inquiry
8.14concerning the respondent's whereabouts;
8.15(4) the name and address of the respondent's:
8.16(i) spouse, or if the respondent has none, an adult with whom the respondent has
8.17resided for more than six months before the filing of the petition; and
8.18(ii) adult children or, if the respondent has none, the respondent's parents and adult
8.19brothers and sisters or, if the respondent has none, at least one of the adults nearest in
8.20kinship to the respondent who can be found;
8.21(5) the name of the administrative head and address of the institution where the
8.22respondent is a patient, resident, or client of any hospital, nursing home, home care
8.23agency, or other institution;
8.24(6) the name and address of any legal representative for the respondent;
8.25(7) the name and address of any health care agent or proxy appointed pursuant to
8.26a health care directive as defined in section
8.27or other similar document executed in another state and enforceable under the laws of
8.28this state;
8.29(8) a general statement of the respondent's property with an estimate of its value,
8.30including any insurance or pension, and the source and amount of other anticipated
8.31income or receipts; and
8.32(9) the reason why a conservatorship or other protective order is in the best interest
8.33of the respondent.
8.34(c) If a conservatorship is requested, the petition must also set forth to the extent
8.35known:
9.1(1) the name, address, and telephone number of any proposed conservator and the
9.2reason why the proposed conservator should be selected;
9.3(2) the name, address, and telephone number of any person nominated as conservator
9.4by the respondent if the respondent has attained 14 years of age; and
9.5(3) the type of conservatorship requested and, if an unlimited conservatorship,
9.6the reason why limited conservatorship is inappropriate or, if a limited conservatorship,
9.7the property to be placed under the conservator's control and any limitation on the
9.8conservator's powers and duties.
9.9(d) The petition must also set forth the following information regarding the proposed
9.10conservator or any employee of the conservator responsible for exercising powers and
9.11duties under the conservatorship:
9.12(1) whether the proposed conservator has ever been removed for cause from serving
9.13as a guardian or conservator and, if so, the case number and court location;
9.14(2) if the proposed conservator is a professional guardian or conservator, a summary
9.15of the proposed conservator's educational background and relevant work and other
9.16experience
9.17(3) whether the proposed conservator has ever applied for or held, at any time, any
9.18professional license, and if so, the name of the licensing agency, and as applicable, the
9.19license number and status; whether the license is active or has been denied, conditioned,
9.20suspended, revoked, or canceled; and the basis for the denial, condition, suspension,
9.21revocation, or cancellation of the license;
9.22(4) whether the proposed conservator has ever been found civilly liable in an action
9.23that involved fraud, misrepresentation, material omission, misappropriation, theft, or
9.24conversion, and if so, the case number and court location;
9.25(5) whether the proposed conservator has ever filed for or received protection under
9.26the bankruptcy laws, and if so, the case number and court location;
9.27(6) whether the proposed conservator has any outstanding civil monetary judgments
9.28against the proposed conservator, and if so, the case number, court location, and
9.29outstanding amount owed;
9.30(7) whether an order for protection or harassment restraining order has ever been
9.31issued against the proposed conservator, and if so, the case number and court location; and
9.32(8) whether the proposed conservator has ever been convicted of a crime other than
9.33a petty misdemeanor or traffic offense, and if so, the case number and the crime of which
9.34the conservator was convicted.
10.1 Sec. 7. Minnesota Statutes 2012, section 524.5-420, is amended to read:
10.2524.5-420 REPORTS; APPOINTMENT OF VISITOR; MONITORING;
10.3COURT ORDERS.
10.4(a) A conservator shall report to the court for administration of the estate annually
10.5unless the court otherwise directs, upon resignation or removal, upon termination of the
10.6conservatorship, and at other times as the court directs. An order, after notice and hearing,
10.7allowing an intermediate report of a conservator adjudicates liabilities concerning the
10.8matters adequately disclosed in the accounting. An order, after notice and hearing, allowing
10.9a final report adjudicates all previously unsettled liabilities relating to the conservatorship.
10.10(b) A report must state or contain a listing of the assets of the estate under the
10.11conservator's control and a listing of the receipts, disbursements, and distributions during
10.12the reporting period.
10.13(c) The report must also state
10.14
10.15
10.16
10.17
10.18
10.19
10.20(d) A conservator shall report to the court in writing within 30 days of the occurrence
10.21of any of the events listed in this subdivision. The conservator must report any of the
10.22occurrences in this subdivision and follow the same reporting requirements in this
10.23subdivision for any employee of the conservator responsible for exercising powers and
10.24duties under the conservatorship. A copy of the report must be provided to the protected
10.25person and to interested persons of record with the court. A conservator shall report when:
10.26(1) the conservator is removed for cause from serving as a guardian or conservator,
10.27and if so, the case number and court location;
10.28(2) the conservator has a professional license denied, conditioned, suspended,
10.29revoked, or canceled, and if so, the licensing agency and license number, and the basis for
10.30denial, condition, suspension, revocation, or cancellation of the license;
10.31(3) the conservator is found civilly liable in an action that involves fraud,
10.32misrepresentation, material omission, misappropriation, theft, or conversion, and if so, the
10.33case number and court location;
10.34(4) the conservator files for or receives protection under the bankruptcy laws, and
10.35if so, the case number and court location;
11.1(5) a civil monetary judgment is entered against the conservator, and if so, the case
11.2number, court location, and outstanding amount owed;
11.3(6) the conservator is convicted of a crime other than a petty misdemeanor or traffic
11.4offense, and if so, the case number and court location; or
11.5(7) an order for protection or harassment restraining order is issued against the
11.6conservator, and if so, the case number and court location.
11.7
11.8submit to the court a written statement disputing account statements regarding the
11.9administration of the estate or addressing any disciplinary or legal action that
11.10 contained in the
11.11interests of the protected person and the estate or for other appropriate relief.
11.12
11.13does not wish to receive copies of reports required under this section.
11.14
11.15protected person or conservator, and make any other investigation the court directs. In
11.16connection with a report, the court may order a conservator to submit the assets of the
11.17estate to an appropriate examination to be made in a manner the court directs.
11.18
11.19including the filing and review of conservators' reports and plans. If an annual report is
11.20not filed within 60 days of the required date, the court shall issue an order to show cause.
11.21(i) If a conservator fails to comply with this section, the court may decline to appoint
11.22that person as a guardian or conservator, or may remove a person as guardian or conservator.
