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S.F. No. 7 - Guardians and Conservators Appointments Requirements Modifications (First Engrossment)
 
Author: Senator Ron Latz
 
Prepared By: Joan White, Senate Counsel (651/296-3814)
 
Date: April 11, 2013



 

Section 1 (245C.32, subd. 2) requires the commissioner to recover costs for background studies under Minnesota Statutes, section 524.5-118 (sections 2 and 3) through a $22 fee for an individual who has not lived outside Minnesota for the past ten years, and $37 for an individual who has resided outside the state for any period during the ten years preceding the background study.

Sections 2 to 7 amend the uniform probate code.

Section 2 (524.5-118) relates to the appointment of a guardian or conservator, by requiring a background study every two years, instead of every five years, and requires criminal history data for a guardian or conservator who has not resided in the state for the previous ten years, instead of five years.  This section also adds that the background study must include licensing data related to a professional license directly related to the responsibilities of a professional fiduciary that has been denied, conditioned, suspended, revoked, or canceled.

Section 3 (524.5-118) provides the procedure related to the court requesting licensing agency data from the Commissioner of Human Services.

Sections 4 and 6 (524.5-303; 524.5-403) amend the statutes relating to the petition requesting the appointment of a guardian or conservator, respectively, by adding that the petition must include whether the proposed guardian or conservator, or employee exercising powers and duties:

  • has ever applied for or held a professional license, and information regarding the license;
  • has ever been found civilly liable for fraud, misrepresentation, misappropriation, theft or conversion;
  • has ever filed for bankruptcy protection;
  • has any outstanding civil monetary judgments;
  • has ever had an order for protection or restraining order issued against the proposed guardian or conservator; or
  • has been convicted of a crime.

Sections 5 and 7 (524.5-316; 524.5-420) modify the sections of law regarding monitoring of guardianships or conservators, respectively.  The new language requires the guardian to report to the court in writing within 30 days of the occurrence of any of the events listed under the new paragraph.  If the guardian or conservator fails to comply, the court may decline to appoint the person as a guardian or conservator or remove the person as a guardian or conservator.

JW/rdr

 
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