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SF2146 (Legislative Session 94 (2025-2026))

Petition for an order of protection against exploitation of a vulnerable adult permission

AI Generated Summary

This bill, S.F. No. 2146, introduced in the Minnesota Senate, establishes a legal framework for protecting vulnerable adults from financial exploitation by allowing for orders for protection (OFPs).

Key Provisions:

  1. Who Can Petition:

    • The vulnerable adult if in imminent danger of financial exploitation.
    • A guardian or conservator of the vulnerable adult.
    • A person or organization acting on behalf of the vulnerable adult with their consent.
    • An agent under power of attorney with specific authority.
    • A petitioner seeking appointment as an emergency conservator.

  2. Court Jurisdiction & Filing Process:

    • The petition can be filed in the county where the petitioner, respondent, or vulnerable adult resides. There are no residency requirements.
    • The court must prioritize these cases on the docket.
    • Filing fees are waived for both the petitioner and respondent.

  3. Hearing & Service Requirements:

    • A hearing must be scheduled within 14 days of filing.
    • The petition and any order must be served on the respondent and, if applicable, on financial institutions.

  4. Temporary Emergency Orders:

    • The court may issue an ex parte (without the respondent being present) temporary order for up to 14 days (extendable once) if immediate financial danger is demonstrated.

  5. Available Relief:

    • Prohibiting the respondent from contacting the vulnerable adult.
    • Freezing the vulnerable adult’s financial assets or lines of credit if at risk.
    • Awarding the vulnerable adult exclusive use of a shared residence.
    • Granting any further protective measures deemed necessary.

  6. Criminal Penalties for Violations:

    • Misdemeanor: First-time violation of the OFP.
    • Gross Misdemeanor: Second violation within ten years.
    • Felony: Third violation within ten years, punishable by up to five years in prison or a $10,000 fine.

  7. Other Provisions:

    • A maltreatment report must be filed within five days of starting the petition.
    • Orders must be shared with law enforcement agencies within 24 hours.
    • Testimony given by the respondent cannot be used in criminal proceedings.
    • The petition process is in addition to other civil or criminal remedies.

Summary:

This bill enhances protections for vulnerable adults by allowing for court-ordered financial protections and penalties for violators. It creates a clear legal process for freezing assets, restricting abusers’ access, and enforcing consequences for financial exploitation.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 02, 2025HouseFloorActionIntroduction and first reading
March 02, 2025SenateFloorActionIntroduction and first reading
March 02, 2025SenateFloorActionReferred toJudiciary and Public Safety
March 02, 2025HouseFloorActionReferred toJudiciary and Public Safety
March 09, 2025SenateFloorActionAuthor added
March 19, 2025SenateFloorActionAuthor added
March 31, 2025SenateFloorActionAuthor added
March 31, 2025SenateFloorActionAuthor added

Citations

 
[
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This reference provides the definition of a 'Conservator', relevant to the new proposed protections against financial exploitation of vulnerable adults.",
      "modified": []
    },
    "citation": "524.5-102",
    "subdivision": "subdivision 3"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section details the definition of 'Financial exploitation', which is critical to the provisions in the proposed bill for protecting vulnerable adults.",
      "modified": []
    },
    "citation": "626.5572",
    "subdivision": "subdivision 9"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section defines a 'Guardian' and is referenced concerning individuals who may act on behalf of vulnerable adults under the proposed protections.",
      "modified": []
    },
    "citation": "524.5-102",
    "subdivision": "subdivision 5"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Defines 'Vulnerable adult', a key term applicable to the financial protections being proposed against their exploitation.",
      "modified": []
    },
    "citation": "626.5572",
    "subdivision": "subdivision 21"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Refers to standard procedures for serving an order, relevant to the procedural aspects in obtaining orders for protecting vulnerable adults.",
      "modified": []
    },
    "citation": "518B.01",
    "subdivision": "subdivision 8"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Outlines additional procedural requirements for serving protection orders, applicable to the protection measures for vulnerable adults.",
      "modified": []
    },
    "citation": "518B.01",
    "subdivision": "subdivision 8a"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Provides further details on serving process, pertinent to the bill's instructions for issuing orders of protection.",
      "modified": []
    },
    "citation": "518B.01",
    "subdivision": "subdivision 9a"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Requires a maltreatment report in connection with petitions for protection, linking reporting requirements to the new proposed protections.",
      "modified": []
    },
    "citation": "626.557",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Applies procedures for enforcement of protection orders in this newly proposed context of financial exploitation protections.",
      "modified": []
    },
    "citation": "518B.01",
    "subdivision": "subdivision 13"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Relates to possible criminal consequences for violating protection orders emphasizing the severity of repeated exploitation offenses.",
      "modified": []
    },
    "citation": "609.2335",
    "subdivision": ""
  }
]

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