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HF1909 (Legislative Session 94 (2025-2026))

Guardian governing provisions modified.

Related bill: SF1920

AI Generated Summary

This bill proposes amendments to Minnesota statutes related to guardianship and conservatorship. Key provisions include:

  1. Expanded Rights for Persons Under Guardianship or Conservatorship:

    • Ensures individuals retain all rights not restricted by court order.
    • Establishes the right to dignity, respect, personal decision-making, health care, social interactions, voting, and managing personal property.
    • Specifies legal protections for communication, marriage, procreation, and sterilization decisions.
    • Grants the right to petition the court for modifications in guardianship or conservatorship.

  2. Emergency Guardianship Updates:

    • Limits emergency guardianship to 60 days, with a possible one-time extension of up to 60 days if good cause is shown.
    • Requires notice to the respondent and a court hearing within five days if emergency guardianship is granted without prior notice.
    • Establishes a presumption against the need for emergency guardianship if the individual is in a hospital or care facility.

  3. Restrictions on Guardians’ Authority:

    • Courts must grant only necessary powers to guardians.
    • Guardianship duties include providing care, maintenance, and protection of personal property.
    • Adds court oversight for changes in residence, particularly for placements in treatment facilities.
    • Strengthens restrictions on guardians limiting communication, social interactions, and visitors; requires court approval for significant restrictions.
    • Grants the authority to establish an ABLE account for financial management but limits control over such accounts.
    • Allows guardians to act in civil legal matters on behalf of the person under guardianship if no conservator is appointed.

This bill strengthens the rights of individuals under guardianship or conservatorship while adding checks on guardians' authority to ensure decisions align with the individuals' best interests and personal preferences.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 05, 2025HouseFloorActionIntroduction and first reading, referred toJudiciary Finance and Civil Law

Citations

 
[
  {
    "analysis": {
      "added": [
        "The guardian must provide written notice of restrictions imposed by the court."
      ],
      "removed": [],
      "summary": "This section of the bill amends the Bill of Rights for persons subject to guardianship or conservatorship under section 524.5120.",
      "modified": [
        "Clarifies that the person's rights are enforced by the court and details the conditions under which the guardian may petition to restrict the person's communication, visitation, or interaction."
      ]
    },
    "citation": "524.5120",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section references the procedures for adult protection under section 626.557, subdivision 10.",
      "modified": [
        "Clarifies the authority of a county by petitioning for appointment of an emergency guardian on behalf of a vulnerable adult."
      ]
    },
    "citation": "626.557",
    "subdivision": "subdivision 10"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section outlines authority conferred by letters of guardianship under section 252A.101, subdivision 7.",
      "modified": [
        "Clarifies the scope of authority for a public guardian or guardian's designee."
      ]
    },
    "citation": "252A.101",
    "subdivision": "subdivision 7"
  }
]

Progress through the legislative process

17%
In Committee

Sponsors