SF1920

This Minnesota Senate bill (S.F. No. 1920) proposes amendments to state statutes related to guardianship and conservatorship, focusing on expanding and clarifying the rights of individuals under guardianship and the responsibilities of guardians. Key provisions include:

1. Bill of Rights for Persons Under Guardianship or Conservatorship

   • Ensures individuals retain all rights not explicitly restricted by a court order.
     
   • Strengthens rights such as dignity, participation in decision-making, privacy, communication, and freedom in personal relationships.
     
   • Establishes procedures for guardians to obtain court approval for limiting interactions if significant harm is a concern.
     

2. Emergency Guardianship Provisions

   • Limits emergency guardianship appointments to 60 days, with only one possible extension for an additional 60 days upon showing good cause.
     
   • Requires court hearings on emergency guardianships within five days if appointed without prior notice.
     
   • Introduces a rebuttable presumption that individuals in hospitals or care facilities are not at risk of substantial harm, potentially reducing unnecessary guardianships.
     

3. Powers and Duties of Guardians

   • Limits guardians to only necessary powers as determined by the court.
     
   • Clarifies procedures for changes in the living situation of persons under guardianship.
     
   • Restricts a guardian’s ability to consent to certain medical procedures, such as sterilization, unless explicitly authorized by the court.
     
   • Requires notice before disposing of personal property and allows interested parties to object.
     
   • Prevents guardians from restricting communication or social interaction unless court approval is granted upon proof of potential serious harm.
     
   • Allows guardians to establish but not administer ABLE (Achieving a Better Life Experience) accounts for financial management.
     
   • Grants guardians the authority to represent individuals in legal proceedings, including civil matters and expungements, if no conservator is in place.
     

Overall, the bill emphasizes protecting the autonomy of individuals under guardianship while streamlining legal processes to prevent unwarranted restrictions of rights.