Bill Text: MN HF40 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Guardian and conservator appointment provisions modified, background study fee increased, and guardian and conservator annual report content modified.
Sponsorship: Partisan Bill (Democrat 4)
Status: (Introduced - Dead) 2013-02-20 - Author added Bernardy [HF40 Detail]
Download: Minnesota-2013-HF40-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 $22 per study. The fees collected under this paragraph are appropriated to the
1.23commissioner for the purpose of conducting background studies.
1.24 Sec. 2. Minnesota Statutes 2012, section 524.5-118, subdivision 1, is amended to read:
2.1 Subdivision 1. When required; exception. (a) The court shall require a background
2.2study under this section:
2.3(1) before the appointment of a guardian or conservator, unless a background study
2.4has been done on the person under this section within the previousfive two years; and
2.5(2) once everyfive two years after the appointment, if the person continues to serve
2.6as a guardian or conservator.
2.7(b) The background study must include:
2.8(1) criminal history data from the Bureau of Criminal Apprehension, other criminal
2.9history data held by the commissioner of human services, and data regarding whether the
2.10person has been a perpetrator of substantiated maltreatment of a vulnerable adultand a
2.11 or minor.;
2.12(c) The court shall request a search of the (2) criminal history data from the National
2.13Criminal Records Repository if the proposed guardian or conservator has not resided in
2.14Minnesota for the previousfive ten years or if the Bureau of Criminal Apprehension
2.15information received from the commissioner of human services under subdivision 2,
2.16paragraph (b), indicates that the subject is a multistate offender or that the individual's
2.17multistate offender status is undetermined.
2.18(3) state licensing agency data if the proposed guardian or conservator has ever been
2.19denied a professional license in the state of Minnesota or elsewhere that is directly related
2.20to the responsibilities of a professional fiduciary, or has ever held a professional license
2.21directly related to the responsibilities of a professional fiduciary that was conditioned,
2.22suspended, revoked, or canceled.
2.23(d) (c) If the guardian or conservator is not an individual, the background study must
2.24be done on all individuals currently employed by the proposed guardian or conservator
2.25who will be responsible for exercising powers and duties under the guardianship or
2.26conservatorship.
2.27(e) (d) If the court determines that it would be in the best interests of the ward or
2.28protected person to appoint a guardian or conservator before the background study can
2.29be completed, the court may make the appointment pending the results of the study,
2.30however, the background study must then be completed as soon as reasonably possible
2.31after appointment, no later than 30 days after appointment.
2.32(f) (e) The fee for conducting a background study for appointment of a professional
2.33guardian or conservator must be paid by the guardian or conservator. In other cases,
2.34the fee must be paid as follows:
2.35(1) if the matter is proceeding in forma pauperis, the fee is an expense for purposes
2.36of section524.5-502, paragraph (a) ;
3.1(2) if there is an estate of the ward or protected person, the fee must be paid from
3.2the estate; or
3.3(3) in the case of a guardianship or conservatorship of the person that is not
3.4proceeding in forma pauperis, the court may order that the fee be paid by the guardian or
3.5conservator or by the court.
3.6(g) (f) The requirements of this subdivision do not apply if the guardian or
3.7conservator is:
3.8(1) a state agency or county;
3.9(2) a parent or guardian of a proposed ward or protected person who has a
3.10developmental disability, if the parent or guardian has raised the proposed ward or
3.11protected person in the family home until the time the petition is filed, unless counsel
3.12appointed for the proposed ward or protected person under section524.5-205, paragraph
3.13(d) ;
524.5-304, paragraph (b) ;
524.5-405, paragraph (a) ; or
524.5-406, paragraph (b) ,
3.14recommends a background study; or
3.15(3) a bank with trust powers, bank and trust company, or trust company, organized
3.16under the laws of any state or of the United States and which is regulated by the
3.17commissioner of commerce or a federal regulator.
3.18 Sec. 3. Minnesota Statutes 2012, section 524.5-118, is amended by adding a
3.19subdivision to read:
3.20 Subd. 2a. Procedure; state licensing agency data. The court shall request the
3.21commissioner of human services to provide the court, within 25 working days of receipt
3.22of the court's request, with licensing agency data from the appropriate Minnesota licensing
3.23agencies. Each Minnesota licensing agency with licensing agency data shall provide the
3.24data to the commissioner within ten working days of the commissioner's request. The
3.25commissioner's request may be made by e-mail. The data provided by the commissioner
3.26to the court shall include, as applicable, license number and status; original date of issue;
3.27last renewal date; expiration date; date of denial, condition, suspension, revocation, or
3.28cancellation; the name of the licensing agency that denied, conditioned, suspended,
3.29revoked, or canceled the license; and the basis for the denial, condition, suspension,
3.30revocation, or cancellation of the license. If the proposed guardian or conservator has
3.31resided in a state other than Minnesota in the previous ten years, licensing agency
3.32data shall also include the licensing agency data from the other state or states where
3.33the proposed guardian or conservator resided. If the proposed guardian or conservator
3.34currently has or previously had a professional license in another state or states that is
4.1directly related to the responsibilities of a professional fiduciary, state licensing agency
4.2data shall also include data from the relevant licensing agency of that state or states.
4.3 Sec. 4. Minnesota Statutes 2012, section 524.5-303, is amended to read:
4.4524.5-303 JUDICIAL APPOINTMENT OF GUARDIAN: PETITION.
4.5(a) An individual or a person interested in the individual's welfare may petition for
4.6a determination of incapacity, in whole or in part, and for the appointment of a limited
4.7or unlimited guardian for the individual.
4.8(b) The petition must set forth the petitioner's name, residence, current address if
4.9different, relationship to the respondent, and interest in the appointment and, to the extent
4.10known, state or contain the following with respect to the respondent and the relief requested:
4.11(1) the respondent's name, age, principal residence, current street address, and, if
4.12different, the address of the dwelling in which it is proposed that the respondent will
4.13reside if the appointment is made;
4.14(2) the name and address of the respondent's:
4.15(i) spouse, or if the respondent has none, an adult with whom the respondent has
4.16resided for more than six months before the filing of the petition; and
4.17(ii) adult children or, if the respondent has none, the respondent's parents and adult
4.18brothers and sisters, or if the respondent has none, at least one of the adults nearest in
4.19kinship to the respondent who can be found;
4.20(3) the name of the administrative head and address of the institution where the
4.21respondent is a patient, resident, or client of any hospital, nursing home, home care
4.22agency, or other institution;
4.23(4) the name and address of any legal representative for the respondent;
4.24(5) the name, address, and telephone number of any person nominated as guardian
4.25by the respondent in any manner permitted by law, including a health care agent nominated
4.26in a health care directive;
4.27(6) the name, address, and telephone number of any proposed guardian and the
4.28reason why the proposed guardian should be selected;
4.29(7) the name and address of any health care agent or proxy appointed pursuant to
4.30a health care directive as defined in section145C.01 , a living will under chapter 145B,
4.31or other similar document executed in another state and enforceable under the laws of
4.32this state;
4.33(8) the reason why guardianship is necessary, including a brief description of the
4.34nature and extent of the respondent's alleged incapacity;
5.1(9) if an unlimited guardianship is requested, the reason why limited guardianship
5.2is inappropriate and, if a limited guardianship is requested, the powers to be granted to
5.3the limited guardian; and
5.4(10) a general statement of the respondent's property with an estimate of its value,
5.5including any insurance or pension, and the source and amount of any other anticipated
5.6income or receipts.
5.7(c) The petition must also set forth the following information regarding the proposed
5.8guardian:
5.9(1) whether the proposed guardian has ever been removed for cause from serving as
5.10a guardian or conservator and, if so, the case number and court location;and
5.11(2) if the proposed guardian is a professional guardian or conservator, a summary of
5.12the proposed guardian's educational background and relevant work and other experience.;
5.13(3) whether the proposed guardian has ever applied for or held, at any time, any
5.14professional license, and if so, the name of the licensing agency, and as applicable, the
5.15license number and status; whether the license is active or has been denied, conditioned,
5.16suspended, revoked, or canceled; and the basis for the denial, condition, suspension,
5.17revocation, or cancellation of the license;
5.18(4) whether the proposed guardian has ever been found civilly liable in an action
5.19that involved fraud, misrepresentation, material omission, misappropriation, theft, or
5.20conversion, and if so, the case number and court location;
5.21(5) whether the proposed guardian has ever filed for or received protection under the
5.22bankruptcy laws, and if so, the case number and court location;
5.23(6) whether the proposed guardian has any outstanding civil monetary judgments
5.24against the proposed guardian, and if so, the case number, court location, and outstanding
5.25amount owed;
5.26(7) whether an order for protection or harassment restraining order has ever been
5.27issued against the proposed guardian, and if so, the case number and court location; and
5.28(8) whether the proposed guardian has ever been convicted of a crime, and if so, the
5.29case number and the crime of which the guardian was convicted.
5.30 Sec. 5. Minnesota Statutes 2012, section 524.5-316, is amended to read:
5.31524.5-316 REPORTS; MONITORING OF GUARDIANSHIP; COURT
5.32ORDERS.
5.33(a) A guardian shall report to the court in writing on the condition of the ward at least
5.34annually and whenever ordered by the court. A copy of the report must be provided to the
5.35ward and to interested persons of record with the court. A report must state or contain:
6.1(1) the current mental, physical, and social condition of the ward;
6.2(2) the living arrangements for all addresses of the ward during the reporting period;
6.3(3) any restrictions placed on the ward's right to communication and visitation with
6.4persons of the ward's choice and the factual bases for those restrictions;
6.5(4) the medical, educational, vocational, and other services provided to the ward and
6.6the guardian's opinion as to the adequacy of the ward's care;
6.7(5) a recommendation as to the need for continued guardianship and any
6.8recommended changes in the scope of the guardianship;
6.9(6) an address and telephone number where the guardian can be contacted; and
6.10(7) whether the guardian has ever been removed for cause from serving as a guardian
6.11or conservator and, if so, the case number and court location;
6.12(8) any changes occurring that would affect the accuracy of information contained
6.13in the most recent criminal background study of the guardian conducted under section
6.14524.5-118; and
6.15(9) (7) if applicable, the amount of reimbursement for services rendered to the ward
6.16that the guardian received during the previous year that were not reimbursed by county
6.17contract.
6.18(b) A guardian shall report to the court in writing within 30 days of the occurrence of
6.19any of the events listed in this subdivision. A copy of the report must be provided to the
6.20ward and to interested persons of record with the court. A guardian shall report when:
6.21(1) the guardian is removed for cause from serving as a guardian or conservator, and
6.22if so, the case number and court location;
6.23(2) the guardian has a professional license denied, conditioned, suspended, revoked,
6.24or canceled, and if so, the licensing agency and license number, and the basis for denial,
6.25condition, suspension, revocation, or cancellation of the license;
6.26(3) the guardian is found civilly liable in an action that involves fraud,
6.27misrepresentation, material omission, misappropriation, theft, or conversion, and if so, the
6.28case number and court location;
6.29(4) the guardian files for or receives protection under the bankruptcy laws, and
6.30if so, the case number and court location;
6.31(5) a civil monetary judgment is entered against the guardian, and if so, the case
6.32number, court location, and outstanding amount owed;
6.33(6) the guardian is convicted of a crime, and if so, the case number and court
6.34location; or
6.35(7) an order for protection or harassment restraining order is issued against the
6.36guardian, and if so, the case number and court location.
7.1(b) (c) A ward or interested person of record with the court may submit to the court a
7.2written statement disputing statements or conclusions regarding the condition of the ward
7.3or addressing any disciplinary or legal action thatare is contained in the report guardian's
7.4reports and may petition the court for an order that is in the best interests of the ward or
7.5for other appropriate relief.
7.6(c) (d) An interested person may notify the court in writing that the interested person
7.7does not wish to receive copies of reports required under this section.
7.8(d) (e) The court may appoint a visitor to review a report, interview the ward or
7.9guardian, and make any other investigation the court directs.
7.10(e) (f) The court shall establish a system for monitoring guardianships, including the
7.11filing and review of annual reports. If an annual report is not filed within 60 days of the
7.12required date, the court shall issue an order to show cause.
7.13(g) If a guardian fails to comply with this section, the court may decline to appoint that
7.14person as a guardian or conservator, or may remove a person as guardian or conservator.
7.15 Sec. 6. Minnesota Statutes 2012, section 524.5-403, is amended to read:
7.16524.5-403 ORIGINAL PETITION FOR APPOINTMENT OR PROTECTIVE
7.17ORDER.
7.18(a) The following may petition for the appointment of a conservator or for any
7.19other appropriate protective order:
7.20(1) the person to be protected;
7.21(2) an individual interested in the estate, affairs, or welfare of the person to be
7.22protected; or
7.23(3) a person who would be adversely affected by lack of effective management of
7.24the property and business affairs of the person to be protected.
7.25(b) The petition must set forth the petitioner's name, residence, current address
7.26if different, relationship to the respondent, and interest in the appointment or other
7.27protective order, and, to the extent known, state or contain the following with respect to
7.28the respondent and the relief requested:
7.29(1) the respondent's name, age, principal residence, current street address, and, if
7.30different, the address of the dwelling where it is proposed that the respondent will reside if
7.31the appointment is made;
7.32(2) if the petition alleges impairment in the respondent's ability to receive and
7.33evaluate information, a brief description of the nature and extent of the respondent's
7.34alleged impairment;
8.1(3) if the petition alleges that the respondent is missing, detained, or unable to
8.2return to the United States, a statement of the relevant circumstances, including the time
8.3and nature of the disappearance or detention and a description of any search or inquiry
8.4concerning the respondent's whereabouts;
8.5(4) the name and address of the respondent's:
8.6(i) spouse, or if the respondent has none, an adult with whom the respondent has
8.7resided for more than six months before the filing of the petition; and
8.8(ii) adult children or, if the respondent has none, the respondent's parents and adult
8.9brothers and sisters or, if the respondent has none, at least one of the adults nearest in
8.10kinship to the respondent who can be found;
8.11(5) the name of the administrative head and address of the institution where the
8.12respondent is a patient, resident, or client of any hospital, nursing home, home care
8.13agency, or other institution;
8.14(6) the name and address of any legal representative for the respondent;
8.15(7) the name and address of any health care agent or proxy appointed pursuant to
8.16a health care directive as defined in section145C.01 , a living will under chapter 145B,
8.17or other similar document executed in another state and enforceable under the laws of
8.18this state;
8.19(8) a general statement of the respondent's property with an estimate of its value,
8.20including any insurance or pension, and the source and amount of other anticipated
8.21income or receipts; and
8.22(9) the reason why a conservatorship or other protective order is in the best interest
8.23of the respondent.
8.24(c) If a conservatorship is requested, the petition must also set forth to the extent
8.25known:
8.26(1) the name, address, and telephone number of any proposed conservator and the
8.27reason why the proposed conservator should be selected;
8.28(2) the name, address, and telephone number of any person nominated as conservator
8.29by the respondent if the respondent has attained 14 years of age; and
8.30(3) the type of conservatorship requested and, if an unlimited conservatorship,
8.31the reason why limited conservatorship is inappropriate or, if a limited conservatorship,
8.32the property to be placed under the conservator's control and any limitation on the
8.33conservator's powers and duties.
8.34(d) The petition must also set forth the following information regarding the proposed
8.35conservator:
9.1(1) whether the proposed conservator has ever been removed for cause from serving
9.2as a guardian or conservator and, if so, the case number and court location;and
9.3(2) if the proposed conservator is a professional guardian or conservator, a summary
9.4of the proposed conservator's educational background and relevant work and other
9.5experience.;
9.6(3) whether the proposed conservator has ever applied for or held, at any time, any
9.7professional license, and if so, the name of the licensing agency, and as applicable, the
9.8license number and status; whether the license is active or has been denied, conditioned,
9.9suspended, revoked, or canceled; and the basis for the denial, condition, suspension,
9.10revocation, or cancellation of the license;
9.11(4) whether the proposed conservator has ever been found civilly liable in an action
9.12that involved fraud, misrepresentation, material omission, misappropriation, theft, or
9.13conversion, and if so, the case number and court location;
9.14(5) whether the proposed conservator has ever filed for or received protection under
9.15the bankruptcy laws, and if so, the case number and court location;
9.16(6) whether the proposed conservator has any outstanding civil monetary judgments
9.17against the proposed conservator, and if so, the case number, court location, and
9.18outstanding amount owed;
9.19(7) whether an order for protection or harassment restraining order has ever been
9.20issued against the proposed conservator, and if so, the case number and court location; and
9.21(8) whether the proposed conservator has ever been convicted of a crime, and if so,
9.22the case number and the crime of which the conservator was convicted.
9.23 Sec. 7. Minnesota Statutes 2012, section 524.5-420, is amended to read:
9.24524.5-420 REPORTS; APPOINTMENT OF VISITOR; MONITORING;
9.25COURT ORDERS.
9.26(a) A conservator shall report to the court for administration of the estate annually
9.27unless the court otherwise directs, upon resignation or removal, upon termination of the
9.28conservatorship, and at other times as the court directs. An order, after notice and hearing,
9.29allowing an intermediate report of a conservator adjudicates liabilities concerning the
9.30matters adequately disclosed in the accounting. An order, after notice and hearing, allowing
9.31a final report adjudicates all previously unsettled liabilities relating to the conservatorship.
9.32(b) A report must state or contain a listing of the assets of the estate under the
9.33conservator's control and a listing of the receipts, disbursements, and distributions during
9.34the reporting period.
9.35(c) The report must also state:
10.1(1) an address and telephone number where the conservator can be contacted;.
10.2(2) whether the conservator has ever been removed for cause from serving as a
10.3guardian or conservator and, if so, the case number and court locations; and
10.4(3) any changes occurring that would affect the accuracy of information contained in
10.5the most recent criminal background study of the conservator conducted under section
10.6524.5-118.
10.7(d) A conservator shall report to the court in writing within 30 days of the occurrence
10.8of any of the events listed in this subdivision. A copy of the report must be provided to
10.9the protected person and to interested persons of record with the court. A conservator
10.10shall report when:
10.11(1) the conservator is removed for cause from serving as a guardian or conservator,
10.12and if so, the case number and court location;
10.13(2) the conservator has a professional license denied, conditioned, suspended,
10.14revoked, or canceled, and if so, the licensing agency and license number, and the basis for
10.15denial, condition, suspension, revocation, or cancellation of the license;
10.16(3) the conservator is found civilly liable in an action that involves fraud,
10.17misrepresentation, material omission, misappropriation, theft, or conversion, and if so, the
10.18case number and court location;
10.19(4) the conservator files for or receives protection under the bankruptcy laws, and
10.20if so, the case number and court location;
10.21(5) a civil monetary judgment is entered against the conservator, and if so, the case
10.22number, court location, and outstanding amount owed;
10.23(6) the conservator is convicted of a crime, and if so, the case number and court
10.24location; or
10.25(7) an order for protection or harassment restraining order is issued against the
10.26conservator, and if so, the case number and court location.
10.27(d) (e) A protected person or an interested person of record with the court may
10.28submit to the court a written statement disputing account statements regarding the
10.29administration of the estate or addressing any disciplinary or legal action thatare is
10.30 contained in thereport reports and may petition the court for any order that is in the best
10.31interests of the protected person and the estate or for other appropriate relief.
10.32(e) (f) An interested person may notify the court in writing that the interested person
10.33does not wish to receive copies of reports required under this section.
10.34(f) (g) The court may appoint a visitor to review a report or plan, interview the
10.35protected person or conservator, and make any other investigation the court directs. In
11.1connection with a report, the court may order a conservator to submit the assets of the
11.2estate to an appropriate examination to be made in a manner the court directs.
11.3(g) (h) The court shall establish a system for monitoring of conservatorships,
11.4including the filing and review of conservators' reports and plans. If an annual report is
11.5not filed within 60 days of the required date, the court shall issue an order to show cause.
11.6(i) If a conservator fails to comply with this section, the court may decline to appoint
11.7that 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
1.23commissioner for the purpose of conducting background studies.
1.24 Sec. 2. Minnesota Statutes 2012, section 524.5-118, subdivision 1, is amended to read:
2.1 Subdivision 1. When required; exception. (a) The court shall require a background
2.2study under this section:
2.3(1) before the appointment of a guardian or conservator, unless a background study
2.4has been done on the person under this section within the previous
2.5(2) once every
2.6as a guardian or conservator.
2.7(b) The background study must include:
2.8(1) criminal history data from the Bureau of Criminal Apprehension, other criminal
2.9history data held by the commissioner of human services, and data regarding whether the
2.10person has been a perpetrator of substantiated maltreatment of a vulnerable adult
2.11 or minor
2.12
2.13Criminal Records Repository if the proposed guardian or conservator has not resided in
2.14Minnesota for the previous
2.15information received from the commissioner of human services under subdivision 2,
2.16paragraph (b), indicates that the subject is a multistate offender or that the individual's
2.17multistate offender status is undetermined.
2.18(3) state licensing agency data if the proposed guardian or conservator has ever been
2.19denied a professional license in the state of Minnesota or elsewhere that is directly related
2.20to the responsibilities of a professional fiduciary, or has ever held a professional license
2.21directly related to the responsibilities of a professional fiduciary that was conditioned,
2.22suspended, revoked, or canceled.
2.23
2.24be done on all individuals currently employed by the proposed guardian or conservator
2.25who will be responsible for exercising powers and duties under the guardianship or
2.26conservatorship.
2.27
2.28protected person to appoint a guardian or conservator before the background study can
2.29be completed, the court may make the appointment pending the results of the study,
2.30however, the background study must then be completed as soon as reasonably possible
2.31after appointment, no later than 30 days after appointment.
2.32
2.33guardian or conservator must be paid by the guardian or conservator. In other cases,
2.34the fee must be paid as follows:
2.35(1) if the matter is proceeding in forma pauperis, the fee is an expense for purposes
2.36of section
3.1(2) if there is an estate of the ward or protected person, the fee must be paid from
3.2the estate; or
3.3(3) in the case of a guardianship or conservatorship of the person that is not
3.4proceeding in forma pauperis, the court may order that the fee be paid by the guardian or
3.5conservator or by the court.
3.6
3.7conservator is:
3.8(1) a state agency or county;
3.9(2) a parent or guardian of a proposed ward or protected person who has a
3.10developmental disability, if the parent or guardian has raised the proposed ward or
3.11protected person in the family home until the time the petition is filed, unless counsel
3.12appointed for the proposed ward or protected person under section
3.13(d)
3.14recommends a background study; or
3.15(3) a bank with trust powers, bank and trust company, or trust company, organized
3.16under the laws of any state or of the United States and which is regulated by the
3.17commissioner of commerce or a federal regulator.
3.18 Sec. 3. Minnesota Statutes 2012, section 524.5-118, is amended by adding a
3.19subdivision to read:
3.20 Subd. 2a. Procedure; state licensing agency data. The court shall request the
3.21commissioner of human services to provide the court, within 25 working days of receipt
3.22of the court's request, with licensing agency data from the appropriate Minnesota licensing
3.23agencies. Each Minnesota licensing agency with licensing agency data shall provide the
3.24data to the commissioner within ten working days of the commissioner's request. The
3.25commissioner's request may be made by e-mail. The data provided by the commissioner
3.26to the court shall include, as applicable, license number and status; original date of issue;
3.27last renewal date; expiration date; date of denial, condition, suspension, revocation, or
3.28cancellation; the name of the licensing agency that denied, conditioned, suspended,
3.29revoked, or canceled the license; and the basis for the denial, condition, suspension,
3.30revocation, or cancellation of the license. If the proposed guardian or conservator has
3.31resided in a state other than Minnesota in the previous ten years, licensing agency
3.32data shall also include the licensing agency data from the other state or states where
3.33the proposed guardian or conservator resided. If the proposed guardian or conservator
3.34currently has or previously had a professional license in another state or states that is
4.1directly related to the responsibilities of a professional fiduciary, state licensing agency
4.2data shall also include data from the relevant licensing agency of that state or states.
4.3 Sec. 4. Minnesota Statutes 2012, section 524.5-303, is amended to read:
4.4524.5-303 JUDICIAL APPOINTMENT OF GUARDIAN: PETITION.
4.5(a) An individual or a person interested in the individual's welfare may petition for
4.6a determination of incapacity, in whole or in part, and for the appointment of a limited
4.7or unlimited guardian for the individual.
4.8(b) The petition must set forth the petitioner's name, residence, current address if
4.9different, relationship to the respondent, and interest in the appointment and, to the extent
4.10known, state or contain the following with respect to the respondent and the relief requested:
4.11(1) the respondent's name, age, principal residence, current street address, and, if
4.12different, the address of the dwelling in which it is proposed that the respondent will
4.13reside if the appointment is made;
4.14(2) the name and address of the respondent's:
4.15(i) spouse, or if the respondent has none, an adult with whom the respondent has
4.16resided for more than six months before the filing of the petition; and
4.17(ii) adult children or, if the respondent has none, the respondent's parents and adult
4.18brothers and sisters, or if the respondent has none, at least one of the adults nearest in
4.19kinship to the respondent who can be found;
4.20(3) the name of the administrative head and address of the institution where the
4.21respondent is a patient, resident, or client of any hospital, nursing home, home care
4.22agency, or other institution;
4.23(4) the name and address of any legal representative for the respondent;
4.24(5) the name, address, and telephone number of any person nominated as guardian
4.25by the respondent in any manner permitted by law, including a health care agent nominated
4.26in a health care directive;
4.27(6) the name, address, and telephone number of any proposed guardian and the
4.28reason why the proposed guardian should be selected;
4.29(7) the name and address of any health care agent or proxy appointed pursuant to
4.30a health care directive as defined in section
4.31or other similar document executed in another state and enforceable under the laws of
4.32this state;
4.33(8) the reason why guardianship is necessary, including a brief description of the
4.34nature and extent of the respondent's alleged incapacity;
5.1(9) if an unlimited guardianship is requested, the reason why limited guardianship
5.2is inappropriate and, if a limited guardianship is requested, the powers to be granted to
5.3the limited guardian; and
5.4(10) a general statement of the respondent's property with an estimate of its value,
5.5including any insurance or pension, and the source and amount of any other anticipated
5.6income or receipts.
5.7(c) The petition must also set forth the following information regarding the proposed
5.8guardian:
5.9(1) whether the proposed guardian has ever been removed for cause from serving as
5.10a guardian or conservator and, if so, the case number and court location;
5.11(2) if the proposed guardian is a professional guardian or conservator, a summary of
5.12the proposed guardian's educational background and relevant work and other experience
5.13(3) whether the proposed guardian has ever applied for or held, at any time, any
5.14professional license, and if so, the name of the licensing agency, and as applicable, the
5.15license number and status; whether the license is active or has been denied, conditioned,
5.16suspended, revoked, or canceled; and the basis for the denial, condition, suspension,
5.17revocation, or cancellation of the license;
5.18(4) whether the proposed guardian has ever been found civilly liable in an action
5.19that involved fraud, misrepresentation, material omission, misappropriation, theft, or
5.20conversion, and if so, the case number and court location;
5.21(5) whether the proposed guardian has ever filed for or received protection under the
5.22bankruptcy laws, and if so, the case number and court location;
5.23(6) whether the proposed guardian has any outstanding civil monetary judgments
5.24against the proposed guardian, and if so, the case number, court location, and outstanding
5.25amount owed;
5.26(7) whether an order for protection or harassment restraining order has ever been
5.27issued against the proposed guardian, and if so, the case number and court location; and
5.28(8) whether the proposed guardian has ever been convicted of a crime, and if so, the
5.29case number and the crime of which the guardian was convicted.
5.30 Sec. 5. Minnesota Statutes 2012, section 524.5-316, is amended to read:
5.31524.5-316 REPORTS; MONITORING OF GUARDIANSHIP; COURT
5.32ORDERS.
5.33(a) A guardian shall report to the court in writing on the condition of the ward at least
5.34annually and whenever ordered by the court. A copy of the report must be provided to the
5.35ward and to interested persons of record with the court. A report must state or contain:
6.1(1) the current mental, physical, and social condition of the ward;
6.2(2) the living arrangements for all addresses of the ward during the reporting period;
6.3(3) any restrictions placed on the ward's right to communication and visitation with
6.4persons of the ward's choice and the factual bases for those restrictions;
6.5(4) the medical, educational, vocational, and other services provided to the ward and
6.6the guardian's opinion as to the adequacy of the ward's care;
6.7(5) a recommendation as to the need for continued guardianship and any
6.8recommended changes in the scope of the guardianship;
6.9(6) an address and telephone number where the guardian can be contacted; and
6.10
6.11
6.12
6.13
6.14
6.15
6.16that the guardian received during the previous year that were not reimbursed by county
6.17contract.
6.18(b) A guardian shall report to the court in writing within 30 days of the occurrence of
6.19any of the events listed in this subdivision. A copy of the report must be provided to the
6.20ward and to interested persons of record with the court. A guardian shall report when:
6.21(1) the guardian is removed for cause from serving as a guardian or conservator, and
6.22if so, the case number and court location;
6.23(2) the guardian has a professional license denied, conditioned, suspended, revoked,
6.24or canceled, and if so, the licensing agency and license number, and the basis for denial,
6.25condition, suspension, revocation, or cancellation of the license;
6.26(3) the guardian is found civilly liable in an action that involves fraud,
6.27misrepresentation, material omission, misappropriation, theft, or conversion, and if so, the
6.28case number and court location;
6.29(4) the guardian files for or receives protection under the bankruptcy laws, and
6.30if so, the case number and court location;
6.31(5) a civil monetary judgment is entered against the guardian, and if so, the case
6.32number, court location, and outstanding amount owed;
6.33(6) the guardian is convicted of a crime, and if so, the case number and court
6.34location; or
6.35(7) an order for protection or harassment restraining order is issued against the
6.36guardian, and if so, the case number and court location.
7.1
7.2written statement disputing statements or conclusions regarding the condition of the ward
7.3or addressing any disciplinary or legal action that
7.4reports and may petition the court for an order that is in the best interests of the ward or
7.5for other appropriate relief.
7.6
7.7does not wish to receive copies of reports required under this section.
7.8
7.9guardian, and make any other investigation the court directs.
7.10
7.11filing and review of annual reports. If an annual report is not filed within 60 days of the
7.12required date, the court shall issue an order to show cause.
7.13(g) If a guardian fails to comply with this section, the court may decline to appoint that
7.14person as a guardian or conservator, or may remove a person as guardian or conservator.
7.15 Sec. 6. Minnesota Statutes 2012, section 524.5-403, is amended to read:
7.16524.5-403 ORIGINAL PETITION FOR APPOINTMENT OR PROTECTIVE
7.17ORDER.
7.18(a) The following may petition for the appointment of a conservator or for any
7.19other appropriate protective order:
7.20(1) the person to be protected;
7.21(2) an individual interested in the estate, affairs, or welfare of the person to be
7.22protected; or
7.23(3) a person who would be adversely affected by lack of effective management of
7.24the property and business affairs of the person to be protected.
7.25(b) The petition must set forth the petitioner's name, residence, current address
7.26if different, relationship to the respondent, and interest in the appointment or other
7.27protective order, and, to the extent known, state or contain the following with respect to
7.28the respondent and the relief requested:
7.29(1) the respondent's name, age, principal residence, current street address, and, if
7.30different, the address of the dwelling where it is proposed that the respondent will reside if
7.31the appointment is made;
7.32(2) if the petition alleges impairment in the respondent's ability to receive and
7.33evaluate information, a brief description of the nature and extent of the respondent's
7.34alleged impairment;
8.1(3) if the petition alleges that the respondent is missing, detained, or unable to
8.2return to the United States, a statement of the relevant circumstances, including the time
8.3and nature of the disappearance or detention and a description of any search or inquiry
8.4concerning the respondent's whereabouts;
8.5(4) the name and address of the respondent's:
8.6(i) spouse, or if the respondent has none, an adult with whom the respondent has
8.7resided for more than six months before the filing of the petition; and
8.8(ii) adult children or, if the respondent has none, the respondent's parents and adult
8.9brothers and sisters or, if the respondent has none, at least one of the adults nearest in
8.10kinship to the respondent who can be found;
8.11(5) the name of the administrative head and address of the institution where the
8.12respondent is a patient, resident, or client of any hospital, nursing home, home care
8.13agency, or other institution;
8.14(6) the name and address of any legal representative for the respondent;
8.15(7) the name and address of any health care agent or proxy appointed pursuant to
8.16a health care directive as defined in section
8.17or other similar document executed in another state and enforceable under the laws of
8.18this state;
8.19(8) a general statement of the respondent's property with an estimate of its value,
8.20including any insurance or pension, and the source and amount of other anticipated
8.21income or receipts; and
8.22(9) the reason why a conservatorship or other protective order is in the best interest
8.23of the respondent.
8.24(c) If a conservatorship is requested, the petition must also set forth to the extent
8.25known:
8.26(1) the name, address, and telephone number of any proposed conservator and the
8.27reason why the proposed conservator should be selected;
8.28(2) the name, address, and telephone number of any person nominated as conservator
8.29by the respondent if the respondent has attained 14 years of age; and
8.30(3) the type of conservatorship requested and, if an unlimited conservatorship,
8.31the reason why limited conservatorship is inappropriate or, if a limited conservatorship,
8.32the property to be placed under the conservator's control and any limitation on the
8.33conservator's powers and duties.
8.34(d) The petition must also set forth the following information regarding the proposed
8.35conservator:
9.1(1) whether the proposed conservator has ever been removed for cause from serving
9.2as a guardian or conservator and, if so, the case number and court location;
9.3(2) if the proposed conservator is a professional guardian or conservator, a summary
9.4of the proposed conservator's educational background and relevant work and other
9.5experience
9.6(3) whether the proposed conservator has ever applied for or held, at any time, any
9.7professional license, and if so, the name of the licensing agency, and as applicable, the
9.8license number and status; whether the license is active or has been denied, conditioned,
9.9suspended, revoked, or canceled; and the basis for the denial, condition, suspension,
9.10revocation, or cancellation of the license;
9.11(4) whether the proposed conservator has ever been found civilly liable in an action
9.12that involved fraud, misrepresentation, material omission, misappropriation, theft, or
9.13conversion, and if so, the case number and court location;
9.14(5) whether the proposed conservator has ever filed for or received protection under
9.15the bankruptcy laws, and if so, the case number and court location;
9.16(6) whether the proposed conservator has any outstanding civil monetary judgments
9.17against the proposed conservator, and if so, the case number, court location, and
9.18outstanding amount owed;
9.19(7) whether an order for protection or harassment restraining order has ever been
9.20issued against the proposed conservator, and if so, the case number and court location; and
9.21(8) whether the proposed conservator has ever been convicted of a crime, and if so,
9.22the case number and the crime of which the conservator was convicted.
9.23 Sec. 7. Minnesota Statutes 2012, section 524.5-420, is amended to read:
9.24524.5-420 REPORTS; APPOINTMENT OF VISITOR; MONITORING;
9.25COURT ORDERS.
9.26(a) A conservator shall report to the court for administration of the estate annually
9.27unless the court otherwise directs, upon resignation or removal, upon termination of the
9.28conservatorship, and at other times as the court directs. An order, after notice and hearing,
9.29allowing an intermediate report of a conservator adjudicates liabilities concerning the
9.30matters adequately disclosed in the accounting. An order, after notice and hearing, allowing
9.31a final report adjudicates all previously unsettled liabilities relating to the conservatorship.
9.32(b) A report must state or contain a listing of the assets of the estate under the
9.33conservator's control and a listing of the receipts, disbursements, and distributions during
9.34the reporting period.
9.35(c) The report must also state
10.1
10.2
10.3
10.4
10.5
10.6
10.7(d) A conservator shall report to the court in writing within 30 days of the occurrence
10.8of any of the events listed in this subdivision. A copy of the report must be provided to
10.9the protected person and to interested persons of record with the court. A conservator
10.10shall report when:
10.11(1) the conservator is removed for cause from serving as a guardian or conservator,
10.12and if so, the case number and court location;
10.13(2) the conservator has a professional license denied, conditioned, suspended,
10.14revoked, or canceled, and if so, the licensing agency and license number, and the basis for
10.15denial, condition, suspension, revocation, or cancellation of the license;
10.16(3) the conservator is found civilly liable in an action that involves fraud,
10.17misrepresentation, material omission, misappropriation, theft, or conversion, and if so, the
10.18case number and court location;
10.19(4) the conservator files for or receives protection under the bankruptcy laws, and
10.20if so, the case number and court location;
10.21(5) a civil monetary judgment is entered against the conservator, and if so, the case
10.22number, court location, and outstanding amount owed;
10.23(6) the conservator is convicted of a crime, and if so, the case number and court
10.24location; or
10.25(7) an order for protection or harassment restraining order is issued against the
10.26conservator, and if so, the case number and court location.
10.27
10.28submit to the court a written statement disputing account statements regarding the
10.29administration of the estate or addressing any disciplinary or legal action that
10.30 contained in the
10.31interests of the protected person and the estate or for other appropriate relief.
10.32
10.33does not wish to receive copies of reports required under this section.
10.34
10.35protected person or conservator, and make any other investigation the court directs. In
11.1connection with a report, the court may order a conservator to submit the assets of the
11.2estate to an appropriate examination to be made in a manner the court directs.
11.3
11.4including the filing and review of conservators' reports and plans. If an annual report is
11.5not filed within 60 days of the required date, the court shall issue an order to show cause.
11.6(i) If a conservator fails to comply with this section, the court may decline to appoint
11.7that person as a guardian or conservator, or may remove a person as guardian or conservator.
