GUARDIANSHIP AND CONSERVATORSHIP

I. UNIFORM PROBATE CODE CHANGES

A. Background Studies Prior to Appointment of Guardian or Conservator
Chapter 86, Article 2, Section 2 (SF 671)
Amends Minn. Stat. § 524.5-118, subd. 1
Effective August 1, 2013

3. Criminal History Search
Extends the look-back period for criminal history data where the guardian or conservator has not resided in Minnesota from five to ten years.
Amends Minn. Stat. § 524.5-118, subd. 1(b)(2)

4. Prior Licensing Sanction
Requires a search of state licensing agency data to determine if a professional license has been ever been conditioned, suspended, revoked, or canceled.
Add Minn. Stat. § 524.5-118, subd. 1(b)(2)

5. Appointment Before Background Check
Provides that background study must be completed as soon as reasonably possible after appointment, but no later than 30 days after appointment in cases where the court determines that it would be in the best interests of the protected person to appoint a guardian or conservator before the background study can be completed.
Amends Minn. Stat. § 524.5-118, subd. 1(d)

B. Appointment of Guardian of Incapacitated Persons
Chapter 86, Article 2, Sections 4 and 5 (SF 671)
Amends Minn. Stat. §§ 524.5-303; and 524.5-316
Effective August 1, 2013

1. Petition for Incapacity and Guardianship

a. Information Required for Certain Employees of Guardians
Adds that the information required to support the petition for appointment of the guardian must also be supplied for any employee of the guardian responsible for exercising powers and duties under the guardianship.
Amends Minn. Stat. § 524.5-303(c)

b. Additional Information Required
Requires disclosures of whether the proposed guardian or applicable employee has: (1) ever held any professional agency licenses and the status (e.g., active, suspended; revoked); (2) ever been found civilly liable in an action that involved fraud, misrepresentation, material omission, misappropriation, theft, or conversion; (3) ever filed for or received bankruptcy protection; (4) outstanding judgments; (5) ever been the subject of an order for protection or harassment restraining order; and (6) ever been convicted of greater than a petty crime.
Amends Minn. Stat. § 524.5-303(c)

2. Monitoring Reports
Requires the guardian to report, in addition to annually, certain reportable events within 30 days of its occurrence. Grants the court the authority to decline to appoint or remove the guardian for lack of compliance with any reporting requirements.
Amends Minn. Stat. § 524.5-316

C. Appointment of Conservator or Protective Order
Chapter 86, Article 2, Sections 6 and 7 (SF 671)
Amends Minn. Stat. §§ 524.5-403; and 524.5-420
Effective August 1, 2013

1. Petition for Appointment of Conservator or Protective Order

a. Information Required for Certain Employees of Guardians
Adds that the information required to support the petition for an appointment of the conservator must also be supplied for any employee of the conservator responsible for exercising powers and duties under the conservatorship.
Amends Minn. Stat. § 524.5-403(d)

b. Additional Information Required
Requires disclosures of whether the proposed guardian or applicable employee has: (1) ever held any professional agency licenses and the status (e.g., active, suspended; revoked); (2) ever been found civilly liable in an action that involved fraud, misrepresentation, material omission, misappropriation, theft, or conversion; (3) ever filed for or received bankruptcy protection; (4) outstanding judgments; (5) ever been the subject of an order for protection or harassment restraining order; and (6) ever been convicted of greater than a petty crime.
Amends Minn. Stat. § 524.5-403(d)

2. Monitoring Reports
Requires the conservator to report, in addition to annually, certain reportable events within 30 days of its occurrence. Grants the court the authority to decline to appoint or remove the conservator for lack of compliance with any reporting requirements.
Amends Minn. Stat. § 524.5-420