This bill (S.F. No. 1920) proposes modifications to Minnesota statutes related to guardianship, focusing on enhancing the rights of individuals under guardianship and refining the procedures and powers associated with guardianship.

Key Provisions of the Bill:

1. Bill of Rights for Persons Under Guardianship or Conservatorship (Amendment to Section 524.5-120)

   • Individuals retain all rights not specifically restricted by court order.
   • Rights include:
     • Dignity, respect, and consideration of personal desires and preferences.
     • Participation in decisions about health care, employment, and residence changes.
     • Control over personal property and ability to contest its disposition.
     • Privacy and communication rights, including social media access.
     • Petitioning the court for changes in guardianship or restrictions.
     • Right to marry, procreate, and elect or object to sterilization.
     • Representation by an attorney and right to vote unless the court restricts it.

2. Emergency Guardianship (Amendment to Section 524.5-311)

   • Emergency guardians may be appointed for up to 60 days (90 days for county-initiated cases related to vulnerable adults).
   • Extensions are limited to one additional 60-day period if justified.
   • If an emergency guardian is appointed without prior notice, the respondent must receive notice within 48 hours, and a court hearing must occur within five days.
   • Establishes a presumption that individuals in hospitals or care facilities are not at risk of substantial harm unless proven otherwise.

3. Powers and Duties of Guardians (Amendment to Section 524.5-313)

   • Guardians are subject to court oversight and may only receive powers necessary to meet the specific needs of the person.
   • Key duties include:
     • Custody and determining the residence of the person, though the individual or interested persons can petition the court to prevent or initiate changes in residence.
     • Providing for personal care, medical decisions, and daily needs.
     • Managing personal property and notifying interested persons before disposing of property.
     • Obtaining court approval for certain medical treatments, including psychosurgery, electroshock, sterilization, and experimental treatments.
     • Supervisory authority must limit civil rights and personal freedoms only as necessary.
     • Prohibits the guardian from restricting communications unless a court approves restrictions based on significant harm risks.
     • Ability to apply for government benefits and represent the individual in legal matters.
     • Establishing, but not administering, an ABLE account (a tax-advantaged savings account for the disabled).

Summary Impact:

This bill strengthens protections for individuals under guardianship by ensuring their rights are explicitly recognized and enforced, limits unwarranted restrictions, and increases court oversight on emergency and permanent guardianships. It also clarifies the extent of a guardian’s authority in key decisions involving the individual’s personal, financial, and legal matters.