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MN SF3438

Bill

Status

Introduced

2/12/2024

Primary Sponsor

David Dibble

Click for details

Origin

Senate

93rd Legislature 2023-2024

AI Summary

  • Courts may only grant guardians powers necessary to meet demonstrated needs, and may appoint guardians with partial rather than full powers based on individual circumstances.

  • Guardians cannot restrict a ward's ability to communicate, visit, or interact with others unless the guardian has good cause to believe restriction is necessary to prevent significant physical, psychological, or financial harm, with written notice required to the court and affected parties.

  • Guardians cannot revoke a ward's health care directive absent court order and cannot admit a ward to a regional treatment center except after a hearing under chapter 253B, for outpatient services, or for temporary care not exceeding 90 days per calendar year.

  • Guardians are not liable for acts or omissions in discharge of duties except for acts or omissions resulting in harm to the ward that constitute reckless or willful misconduct, or gross negligence.

  • A guardian may petition for resignation if unable to find a successor guardian after good faith effort, and the court may grant resignation if clear and convincing evidence shows it would not result in substantial harm to the ward.

Legislative Description

Guardianship provisions modifications

Last Action

Second reading

3/21/2024

Committee Referrals

Judiciary and Public Safety2/12/2024

Full Bill Text

No bill text available