1998 Minnesota Code
Chapters 245 - 267 Public Welfare and Related Activities
Chapter 252A Mental Retardation Protection
Section 252A.07 Filing of comprehensive evaluation.

252A.07 Filing of comprehensive evaluation.

Subdivision 1. With petition. When a petition is brought by the commissioner or local agency, a copy of the comprehensive evaluation shall be filed with the petition. If a petition is brought by a person other than the commissioner or local agency and a comprehensive evaluation has been prepared within a year of the filing of the petition, the local agency shall forward a copy of the comprehensive evaluation to the court upon notice of the filing of the petition. If a comprehensive evaluation has not been prepared within a year of the filing of the petition, the local agency, upon notice of the filing of the petition, shall arrange for a comprehensive evaluation to be prepared and forwarded to the court within 90 days.

Subd. 2. Copies. A copy of the comprehensive evaluation shall be made available by the court to the proposed ward, the proposed ward's counsel, the county attorney, the attorney general and the petitioner.

Subd. 3. Evaluation required; exception. No action for the appointment of a public guardian may proceed to hearing unless a comprehensive evaluation has been first filed with the court; provided, however, that an action may proceed and a guardian appointed if the director of the local agency responsible for conducting the comprehensive evaluation has filed an affidavit that the proposed ward refused to participate in the comprehensive evaluation and the court finds on the basis of clear and convincing evidence that the proposed ward is mentally retarded and in need of the supervision and protection of a guardian.

HIST: 1975 c 208 s 7; 1977 c 415 s 3; 1986 c 444; 1987 c 185 art 1 s 18,19