1998 Minnesota Code
Chapters 245 - 267 Public Welfare and Related Activities
Chapter 252A Mental Retardation Protection
Section 252A.111 Powers and duties of public guardian or conservator.

252A.111 Powers and duties of public guardian or conservator.

Subdivision 1. General. Except as otherwise provided in this section, section 525.56, subdivisions 1 to 3, apply to the powers and duties of a public guardian or conservator.

Subd. 2. Additional powers. In addition to the powers contained in section 525.56, subdivision 3, the powers of a public guardian or those that the court may grant to a public conservator include:

(1) the power to permit or withhold permission for the ward to marry;

(2) the power to begin legal action or defend against legal action in the name of the ward; and

(3) the power to consent to the adoption of the ward as provided in section 259.24.

Subd. 3. Special treatment services. The public guardian shall obtain the concurrence of the local agency and the chief executive officer or designee of the hospital before a ward may receive outpatient services or temporary care from a regional treatment center. The ward may not receive these services or care for a period exceeding 90 days in any calendar year unless the ward is committed under chapter 253B. Services must be provided under an individual service plan as required under rules of the commissioner. The plans must be completed within ten working days of the first admission in the calendar year.

Subd. 4. Appointment of guardian or conservator of the estate. If the ward has a personal estate beyond that which is necessary for the ward's personal and immediate needs, the commissioner shall determine whether a guardian of the estate should be appointed. The commissioner shall consult with the parents, spouse, or nearest relative of the ward. The commissioner may petition the court for the appointment of a private guardian or conservator of the estate of the ward. The commissioner cannot act as guardian or conservator of the estate for public wards or public conservatees.

Subd. 5. Local agencies. The commissioner may carry out the powers and duties prescribed by this chapter directly or through local agencies.

Subd. 6. Special duties. In exercising powers and duties under this chapter, the commissioner shall:

(1) maintain close contact with the ward, visiting at least twice a year;

(2) prohibit filming a ward in any way that would reveal the identity of the ward unless the commissioner determines the filming to be in the best interests of the ward. The commissioner may give written consent for filming of the ward after permitting and encouraging input by the nearest relative of the ward;

(3) take actions and make decisions on behalf of the ward that encourage and allow the maximum level of independent functioning in a manner least restrictive of the ward's personal freedom consistent with the need for supervision and protection; and

(4) permit and encourage maximum self-reliance on the part of the ward and permit and encourage input by the nearest relative of the ward in planning and decision making on behalf of the ward.

HIST: 1987 c 185 art 1 s 22; 1988 c 532 s 10; 1991 c 292 art 6 s 58 subd 2; 1Sp1993 c 1 art 3 s 17; 1995 c 189 s 8; 1996 c 277 s 1