| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to civil law; modifying provisions relating to guardians; amending |
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| 3 | 3 | | 1.3 Minnesota Statutes 2024, sections 524.5-120; 524.5-311; 524.5-313. |
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| 4 | 4 | | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 5 | 5 | | 1.5 Section 1. Minnesota Statutes 2024, section 524.5-120, is amended to read: |
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| 6 | 6 | | 1.6 524.5-120 BILL OF RIGHTS FOR PERSONS SUBJECT TO GUARDIANSHIP |
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| 7 | 7 | | 1.7OR CONSERVATORSHIP. |
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| 8 | 8 | | 1.8 The person subject to guardianship or person subject to conservatorship retains all rights |
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| 9 | 9 | | 1.9not restricted by court order and these rights must be enforced by the court. These rights |
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| 10 | 10 | | 1.10include the right to: |
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| 11 | 11 | | 1.11 (1) treatment with dignity and respect; |
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| 12 | 12 | | 1.12 (2) due consideration of current and previously stated personal desires and preferences, |
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| 13 | 13 | | 1.13including but not limited to medical treatment preferences, cultural practices, religious |
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| 14 | 14 | | 1.14beliefs, and other preferences and opinions in decisions made by the guardian or conservator; |
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| 15 | 15 | | 1.15 (3) participate in decision making about and receive timely and appropriate health care |
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| 16 | 16 | | 1.16and medical treatment that does not violate known preferences or conscientious, religious, |
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| 17 | 17 | | 1.17or moral beliefs of the person subject to guardianship or person subject to conservatorship; |
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| 18 | 18 | | 1.18 (4) exercise control of all aspects of life unless delegated specifically to the guardian or |
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| 19 | 19 | | 1.19conservator by court order; |
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| 20 | 20 | | 1.20 (5) guardianship or conservatorship services individually suited to the conditions and |
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| 21 | 21 | | 1.21needs of the person subject to guardianship or the person subject to conservatorship; |
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| 22 | 22 | | 1Section 1. |
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| 23 | 23 | | REVISOR VH/DG 25-0242102/21/25 |
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| 24 | 24 | | State of Minnesota |
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| 25 | 25 | | This Document can be made available |
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| 26 | 26 | | in alternative formats upon request |
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| 27 | 27 | | HOUSE OF REPRESENTATIVES |
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| 28 | 28 | | H. F. No. 1909 |
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| 29 | 29 | | NINETY-FOURTH SESSION |
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| 30 | 30 | | Authored by Feist03/05/2025 |
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| 31 | 31 | | The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law 2.1 (6) petition the court to prevent or initiate a change in abode; |
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| 32 | 32 | | 2.2 (7) care, comfort, social and recreational needs, employment and employment supports, |
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| 33 | 33 | | 2.3training, education, habilitation, and rehabilitation care and services, within available |
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| 34 | 34 | | 2.4resources; |
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| 35 | 35 | | 2.5 (8) be consulted concerning, and to decide to the extent possible, the reasonable care |
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| 36 | 36 | | 2.6and disposition of the clothing, furniture, vehicles, and other personal property and effects |
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| 37 | 37 | | 2.7of the person subject to guardianship or person subject to conservatorship, to object to the |
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| 38 | 38 | | 2.8disposition of personal property and effects, and to petition the court for a review of the |
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| 39 | 39 | | 2.9guardian's or conservator's proposed disposition; |
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| 40 | 40 | | 2.10 (9) personal privacy; |
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| 41 | 41 | | 2.11 (10) communicate, visit, or interact with others, including receiving visitors or, making |
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| 42 | 42 | | 2.12or receiving telephone calls, sending or receiving personal mail, or sending or receiving |
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| 43 | 43 | | 2.13electronic communications including through social media, or participating in social activities, |
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| 44 | 44 | | 2.14unless. If the guardian has good cause to believe a restriction of communication, visitation, |
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| 45 | 45 | | 2.15or interaction is necessary because interaction with the person poses a risk of significant |
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| 46 | 46 | | 2.16physical, psychological, or financial harm to the person subject to guardianship, and there |
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| 47 | 47 | | 2.17is no other means to avoid the significant harm, the guardian must submit to the court a |
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| 48 | 48 | | 2.18written petition supporting the guardian's belief. The court may order a restriction of |
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| 49 | 49 | | 2.19communication, visitation, or interaction with the person who is the subject of the guardian's |
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| 50 | 50 | | 2.20petition to the extent necessary to prevent the risk of significant harm. In all cases, the |
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| 51 | 51 | | 2.21guardian shall provide written notice of the restrictions imposed to by the court, to the person |
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| 52 | 52 | | 2.22subject to guardianship, and to the person subject to restrictions. The person subject to |
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| 53 | 53 | | 2.23guardianship or the person subject to restrictions may petition the court to remove or modify |
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| 54 | 54 | | 2.24the restrictions; |
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| 55 | 55 | | 2.25 (11) marry and procreate, unless court approval is required; |
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| 56 | 56 | | 2.26 (12) elect or object to sterilization as provided in section 524.5-313, paragraph (c), clause |
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| 57 | 57 | | 2.27(4), item (iv); |
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| 58 | 58 | | 2.28 (13) at any time, petition the court for termination or modification of the guardianship |
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| 59 | 59 | | 2.29or conservatorship, and any decisions made by the guardian or conservator in relation to |
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| 60 | 60 | | 2.30powers granted, or for other appropriate relief; |
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| 61 | 61 | | 2.31 (14) be represented by an attorney in any proceeding or for the purpose of petitioning |
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| 62 | 62 | | 2.32the court; |
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| 63 | 63 | | 2.33 (15) vote, unless restricted by the court; |
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| 64 | 64 | | 2Section 1. |
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| 65 | 65 | | REVISOR VH/DG 25-0242102/21/25 3.1 (16) be consulted concerning, and make decisions to the extent possible, about personal |
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| 66 | 66 | | 3.2image and name, unless restricted by the court; and |
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| 67 | 67 | | 3.3 (17) execute a health care directive, including both health care instructions and the |
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| 68 | 68 | | 3.4appointment of a health care agent, if the court has not granted a guardian any of the powers |
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| 69 | 69 | | 3.5or duties under section 524.5-313, paragraph (c), clause (1), (2), or (4). |
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| 70 | 70 | | 3.6 Sec. 2. Minnesota Statutes 2024, section 524.5-311, is amended to read: |
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| 71 | 71 | | 3.7 524.5-311 EMERGENCY GUARDIAN. |
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| 72 | 72 | | 3.8 (a) If the court finds that compliance with the procedures of this article will likely result |
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| 73 | 73 | | 3.9in substantial harm to the respondent's health, safety, or welfare, and that no other person |
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| 74 | 74 | | 3.10appears to have authority and willingness to act in the circumstances, the court, on petition |
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| 75 | 75 | | 3.11by a person interested in the respondent's welfare, may appoint an emergency guardian |
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| 76 | 76 | | 3.12whose authority may not exceed 60 days and who may exercise only the powers specified |
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| 77 | 77 | | 3.13in the order. A county that is acting under section 626.557, subdivision 10, by petitioning |
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| 78 | 78 | | 3.14for appointment of an emergency guardian on behalf of a vulnerable adult may be granted |
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| 79 | 79 | | 3.15authority to act for a period not to exceed 90 days. An emergency guardian's appointment |
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| 80 | 80 | | 3.16under this section may only be extended once for a period not to exceed 60 days if the court |
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| 81 | 81 | | 3.17finds good cause for the continuation of the guardianship. Immediately upon receipt of the |
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| 82 | 82 | | 3.18petition for an emergency guardianship, the court shall appoint a lawyer to represent the |
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| 83 | 83 | | 3.19respondent in the proceeding. Except as otherwise provided in paragraph (b), Reasonable |
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| 84 | 84 | | 3.20notice of the time and place of a hearing on the petition must be given to the respondent, |
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| 85 | 85 | | 3.21interested parties, and any other persons as the court directs. |
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| 86 | 86 | | 3.22 (b) An emergency guardian may be appointed without notice to the respondent and the |
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| 87 | 87 | | 3.23respondent's lawyer only if the court finds from affidavit or other sworn testimony that the |
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| 88 | 88 | | 3.24respondent will be substantially harmed before a hearing on the appointment can be held. |
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| 89 | 89 | | 3.25If the court appoints an emergency guardian without notice to the respondent, the respondent |
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| 90 | 90 | | 3.26must be given notice of the appointment within 48 hours after the appointment. The court |
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| 91 | 91 | | 3.27shall hold a hearing on the appropriateness of the appointment within five days after the |
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| 92 | 92 | | 3.28appointment. |
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| 93 | 93 | | 3.29 (c) (b) Appointment of an emergency guardian, with or without notice, is not a |
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| 94 | 94 | | 3.30determination of the respondent's incapacity. |
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| 95 | 95 | | 3.31 (d) (c) The court may remove an emergency guardian at any time. An emergency guardian |
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| 96 | 96 | | 3.32shall make any report the court requires. In other respects, the provisions of this article |
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| 97 | 97 | | 3.33concerning guardians apply to an emergency guardian. |
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| 98 | 98 | | 3Sec. 2. |
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| 99 | 99 | | REVISOR VH/DG 25-0242102/21/25 4.1 (e) (d) Any documents or information disclosing or pertaining to health or financial |
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| 100 | 100 | | 4.2information shall be filed as confidential documents, consistent with the bill of particulars |
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| 101 | 101 | | 4.3under section 524.5-121. |
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| 102 | 102 | | 4.4 (e) If the respondent is a patient in a hospital or a resident of a care facility, a rebuttable |
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| 103 | 103 | | 4.5presumption exists that there is no risk of substantial harm to the respondent's health, safety, |
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| 104 | 104 | | 4.6or welfare. |
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| 105 | 105 | | 4.7 Sec. 3. Minnesota Statutes 2024, section 524.5-313, is amended to read: |
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| 106 | 106 | | 4.8 524.5-313 POWERS AND DUTIES OF GUARDIAN. |
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| 107 | 107 | | 4.9 (a) A guardian shall be subject to the control and direction of the court at all times and |
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| 108 | 108 | | 4.10in all things. |
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| 109 | 109 | | 4.11 (b) The court shall grant to a guardian only those powers necessary to provide for the |
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| 110 | 110 | | 4.12demonstrated needs of the person subject to guardianship. |
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| 111 | 111 | | 4.13 (c) The court may appoint a guardian if it determines that all the powers and duties listed |
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| 112 | 112 | | 4.14in this section are needed to provide for the needs of the incapacitated person. The court |
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| 113 | 113 | | 4.15may also appoint a guardian if it determines that a guardian is needed to provide for the |
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| 114 | 114 | | 4.16needs of the incapacitated person through the exercise of some, but not all, of the powers |
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| 115 | 115 | | 4.17and duties listed in this section. The duties and powers of a guardian or those which the |
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| 116 | 116 | | 4.18court may grant to a guardian include, but are not limited to: |
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| 117 | 117 | | 4.19 (1) the power to have custody of the person subject to guardianship and the power to |
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| 118 | 118 | | 4.20establish a place of abode within or outside the state, except as otherwise provided in this |
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| 119 | 119 | | 4.21clause. The person subject to guardianship or any interested person may petition the court |
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| 120 | 120 | | 4.22to prevent or to initiate a change in abode. A person subject to guardianship may not be |
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| 121 | 121 | | 4.23admitted to a regional treatment center by the guardian except: |
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| 122 | 122 | | 4.24 (i) after a hearing under chapter 253B; |
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| 123 | 123 | | 4.25 (ii) for outpatient services; or |
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| 124 | 124 | | 4.26 (iii) for the purpose of receiving temporary care for a specific period of time not to |
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| 125 | 125 | | 4.27exceed 90 days in any calendar year; |
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| 126 | 126 | | 4.28 (2) the duty to provide for the care, comfort, and maintenance needs of the person subject |
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| 127 | 127 | | 4.29to guardianship, including food, clothing, shelter, health care, social and recreational |
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| 128 | 128 | | 4.30requirements, and, whenever appropriate, training, education, and habilitation or |
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| 129 | 129 | | 4.31rehabilitation. The guardian has no duty to pay for these requirements out of personal funds. |
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| 130 | 130 | | 4.32Whenever possible and appropriate, the guardian should meet these requirements through |
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| 131 | 131 | | 4Sec. 3. |
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| 132 | 132 | | REVISOR VH/DG 25-0242102/21/25 5.1governmental benefits or services to which the person subject to guardianship is entitled, |
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| 133 | 133 | | 5.2rather than from the estate of the person subject to guardianship; |
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| 134 | 134 | | 5.3 (3) the duty to take reasonable care of the clothing, furniture, vehicles, and other personal |
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| 135 | 135 | | 5.4effects of the person subject to guardianship, and, if other property requires protection, the |
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| 136 | 136 | | 5.5power to seek appointment of a conservator of the estate. The guardian must give notice by |
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| 137 | 137 | | 5.6mail to interested persons prior to the disposition of the clothing, furniture, vehicles, or |
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| 138 | 138 | | 5.7other personal effects of the person subject to guardianship. The notice must inform the |
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| 139 | 139 | | 5.8person of the right to object to the disposition of the property within ten days of the date of |
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| 140 | 140 | | 5.9mailing and to petition the court for a review of the guardian's proposed actions. Notice of |
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| 141 | 141 | | 5.10the objection must be served by mail or personal service on the guardian and the person |
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| 142 | 142 | | 5.11subject to guardianship unless the person subject to guardianship is the objector. The guardian |
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| 143 | 143 | | 5.12served with notice of an objection to the disposition of the property may not dispose of the |
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| 144 | 144 | | 5.13property unless the court approves the disposition after a hearing; |
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| 145 | 145 | | 5.14 (4)(i) the power to give any necessary consent to enable the person subject to guardianship |
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| 146 | 146 | | 5.15to receive necessary medical or other professional care, counsel, treatment, or service, except |
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| 147 | 147 | | 5.16that no guardian may give consent for psychosurgery, electroshock, sterilization, or |
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| 148 | 148 | | 5.17experimental treatment of any kind unless the procedure is first approved by order of the |
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| 149 | 149 | | 5.18court as provided in this clause. The guardian shall not consent to any medical care for the |
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| 150 | 150 | | 5.19person subject to guardianship which violates the known conscientious, religious, or moral |
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| 151 | 151 | | 5.20belief of the person subject to guardianship; |
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| 152 | 152 | | 5.21 (ii) a guardian who believes a procedure described in item (i) requiring prior court |
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| 153 | 153 | | 5.22approval to be necessary for the proper care of the person subject to guardianship, shall |
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| 154 | 154 | | 5.23petition the court for an order and, in the case of a public guardianship under chapter 252A, |
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| 155 | 155 | | 5.24obtain the written recommendation of the commissioner of human services. The court shall |
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| 156 | 156 | | 5.25fix the time and place for the hearing and shall give notice to the person subject to |
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| 157 | 157 | | 5.26guardianship in such manner as specified in section 524.5-308 and to interested persons. |
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| 158 | 158 | | 5.27The court shall appoint an attorney to represent the person subject to guardianship who is |
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| 159 | 159 | | 5.28not represented by counsel, provided that such appointment shall expire upon the expiration |
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| 160 | 160 | | 5.29of the appeal time for the order issued by the court under this section or the order dismissing |
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| 161 | 161 | | 5.30a petition, or upon such other time or event as the court may direct. In every case the court |
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| 162 | 162 | | 5.31shall determine if the procedure is in the best interest of the person subject to guardianship. |
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| 163 | 163 | | 5.32In making its determination, the court shall consider a written medical report which |
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| 164 | 164 | | 5.33specifically considers the medical risks of the procedure, whether alternative, less restrictive |
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| 165 | 165 | | 5.34methods of treatment could be used to protect the best interest of the person subject to |
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| 166 | 166 | | 5Sec. 3. |
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| 167 | 167 | | REVISOR VH/DG 25-0242102/21/25 6.1guardianship, and any recommendation of the commissioner of human services for a public |
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| 168 | 168 | | 6.2person subject to guardianship. The standard of proof is that of clear and convincing evidence; |
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| 169 | 169 | | 6.3 (iii) in the case of a petition for sterilization of a person with developmental disabilities |
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| 170 | 170 | | 6.4subject to guardianship, the court shall appoint a licensed physician, a psychologist who is |
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| 171 | 171 | | 6.5qualified in the diagnosis and treatment of developmental disability, and a social worker |
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| 172 | 172 | | 6.6who is familiar with the social history and adjustment of the person subject to guardianship |
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| 173 | 173 | | 6.7or the case manager for the person subject to guardianship to examine or evaluate the person |
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| 174 | 174 | | 6.8subject to guardianship and to provide written reports to the court. The reports shall indicate |
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| 175 | 175 | | 6.9why sterilization is being proposed, whether sterilization is necessary and is the least intrusive |
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| 176 | 176 | | 6.10method for alleviating the problem presented, and whether it is in the best interest of the |
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| 177 | 177 | | 6.11person subject to guardianship. The medical report shall specifically consider the medical |
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| 178 | 178 | | 6.12risks of sterilization, the consequences of not performing the sterilization, and whether |
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| 179 | 179 | | 6.13alternative methods of contraception could be used to protect the best interest of the person |
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| 180 | 180 | | 6.14subject to guardianship; |
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| 181 | 181 | | 6.15 (iv) any person subject to guardianship whose right to consent to a sterilization has not |
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| 182 | 182 | | 6.16been restricted under this section or section 252A.101 may be sterilized only if the person |
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| 183 | 183 | | 6.17subject to guardianship consents in writing or there is a sworn acknowledgment by an |
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| 184 | 184 | | 6.18interested person of a nonwritten consent by the person subject to guardianship. The consent |
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| 185 | 185 | | 6.19must certify that the person subject to guardianship has received a full explanation from a |
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| 186 | 186 | | 6.20physician or registered nurse of the nature and irreversible consequences of the sterilization; |
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| 187 | 187 | | 6.21 (v) a guardian or the public guardian's designee who acts within the scope of authority |
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| 188 | 188 | | 6.22conferred by letters of guardianship under section 252A.101, subdivision 7, and according |
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| 189 | 189 | | 6.23to the standards established in this chapter or in chapter 252A shall not be civilly or criminally |
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| 190 | 190 | | 6.24liable for the provision of any necessary medical care, including, but not limited to, the |
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| 191 | 191 | | 6.25administration of psychotropic medication or the implementation of aversive and deprivation |
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| 192 | 192 | | 6.26procedures to which the guardian or the public guardian's designee has consented; |
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| 193 | 193 | | 6.27 (5) in the event there is no duly appointed conservator of the estate of the person subject |
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| 194 | 194 | | 6.28to guardianship, the guardian shall have the power to approve or withhold approval of any |
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| 195 | 195 | | 6.29contract, except for necessities, which the person subject to guardianship may make or wish |
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| 196 | 196 | | 6.30to make; |
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| 197 | 197 | | 6.31 (6) the duty and power to exercise supervisory authority over the person subject to |
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| 198 | 198 | | 6.32guardianship in a manner which limits civil rights and restricts personal freedom only to |
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| 199 | 199 | | 6.33the extent necessary to provide needed care and services. A guardian may not restrict the |
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| 200 | 200 | | 6.34ability of the person subject to guardianship to communicate, visit, or interact with others, |
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| 201 | 201 | | 6Sec. 3. |
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| 202 | 202 | | REVISOR VH/DG 25-0242102/21/25 7.1including receiving visitors or, making or receiving telephone calls, sending or receiving |
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| 203 | 203 | | 7.2personal mail, or sending or receiving electronic communications including through social |
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| 204 | 204 | | 7.3media, or participating in social activities, unless. If the guardian has good cause to believe |
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| 205 | 205 | | 7.4a restriction of communication, visitation, or interaction is necessary because interaction |
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| 206 | 206 | | 7.5with the person poses a risk of significant physical, psychological, or financial harm to the |
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| 207 | 207 | | 7.6person subject to guardianship, and there is no other means to avoid such significant harm, |
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| 208 | 208 | | 7.7the guardian must submit to the court a written petition supporting the guardian's belief. |
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| 209 | 209 | | 7.8The court may order a restriction of communication, visitation, or interaction with the person |
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| 210 | 210 | | 7.9who is the subject of the guardian's petition to the extent necessary to prevent the risk of |
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| 211 | 211 | | 7.10significant harm. In all cases, the guardian shall provide written notice of the restrictions |
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| 212 | 212 | | 7.11imposed to by the court, to the person subject to guardianship, and to the person subject to |
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| 213 | 213 | | 7.12restrictions. The person subject to guardianship or the person subject to restrictions may |
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| 214 | 214 | | 7.13petition the court to remove or modify the restrictions; |
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| 215 | 215 | | 7.14 (7) if there is no acting conservator of the estate for the person subject to guardianship, |
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| 216 | 216 | | 7.15the guardian has the power to apply on behalf of the person subject to guardianship for any |
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| 217 | 217 | | 7.16assistance, services, or benefits available to the person subject to guardianship through any |
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| 218 | 218 | | 7.17unit of government; |
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| 219 | 219 | | 7.18 (8) unless otherwise ordered by the court, the person subject to guardianship retains the |
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| 220 | 220 | | 7.19right to vote; |
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| 221 | 221 | | 7.20 (9) the power to establish an ABLE account for a person subject to guardianship or |
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| 222 | 222 | | 7.21conservatorship. By this provision a guardian only has the authority to establish an ABLE |
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| 223 | 223 | | 7.22account, but may not administer the ABLE account in the guardian's capacity as guardian. |
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| 224 | 224 | | 7.23The guardian may appoint or name a person to exercise signature authority over an ABLE |
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| 225 | 225 | | 7.24account, including the individual selected by the eligible individual or the eligible individual's |
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| 226 | 226 | | 7.25agent under a power of attorney; conservator; spouse; parent; sibling; grandparent; or |
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| 227 | 227 | | 7.26representative payee, whether an individual or organization, appointed by the SSA, in that |
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| 228 | 228 | | 7.27order; and |
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| 229 | 229 | | 7.28 (10) if there is no conservator appointed for the person subject to guardianship, the |
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| 230 | 230 | | 7.29guardian has the duty and power to institute suit on behalf of the person subject to |
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| 231 | 231 | | 7.30guardianship and represent the person subject to guardianship in expungement proceedings, |
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| 232 | 232 | | 7.31harassment proceedings, and all civil court proceedings, including but not limited to |
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| 233 | 233 | | 7.32restraining orders, orders for protection, name changes, conciliation court, housing court, |
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| 234 | 234 | | 7.33family court, probate court, and juvenile court, provided that a guardian may not settle or |
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| 235 | 235 | | 7.34compromise any claim or debt owed to the estate without court approval. |
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| 236 | 236 | | 7Sec. 3. |
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| 237 | 237 | | REVISOR VH/DG 25-0242102/21/25 |
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