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SF1920 (Legislative Session 94 (2025-2026))

Provisions modification relating to guardians

Related bill: HF1909

AI Generated Summary

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.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 26, 2025SenateFloorActionIntroduction and first reading
February 26, 2025SenateFloorActionReferred toJudiciary and Public Safety
April 06, 2025SenateFloorActionAuthor added

Citations

 
[
  {
    "analysis": {
      "added": [
        "New rights regarding control over personal life aspects are explicitly stated."
      ],
      "removed": [
        "None observed."
      ],
      "summary": "This bill modifies the rights of persons under guardianship or conservatorship as stipulated in section 524.5-120.",
      "modified": [
        "Clarified conditions under which personal rights can be restricted by guardians."
      ]
    },
    "citation": "524.5-120"
  },
  {
    "analysis": {
      "added": [
        "Provision for confidentiality on documents related to health or financial information."
      ],
      "removed": [
        "None observed."
      ],
      "summary": "This modifies the terms regarding the appointment and duties of emergency guardians under section 524.5-311.",
      "modified": [
        "Conditions under which emergency guardianship can be extended are adjusted."
      ]
    },
    "citation": "524.5-311"
  },
  {
    "analysis": {
      "added": [
        "Detailed condition under which guardians must seek court approval for certain medical procedures."
      ],
      "removed": [
        "None observed."
      ],
      "summary": "Amendments are made to powers and duties of guardians as described in section 524.5-313.",
      "modified": [
        "Clarification on the powers of guardians regarding managing personal interactions and decision-making."
      ]
    },
    "citation": "524.5-313"
  },
  {
    "analysis": {
      "added": [
        "Requirement for court hearing prior to admission as per existing statute."
      ],
      "removed": [
        "None observed."
      ],
      "summary": "References procedural requirements under chapter 253B for admission to regional treatment centers.",
      "modified": [
        "None observed."
      ]
    },
    "citation": "253B"
  },
  {
    "analysis": {
      "added": [
        "Clarification on the non-liability of guardians acting within their granted authority."
      ],
      "removed": [
        "None observed."
      ],
      "summary": "Refers to sections within Chapter 252A regarding public guardians and their authorities.",
      "modified": [
        "None observed."
      ]
    },
    "citation": "252A.101"
  },
  {
    "analysis": {
      "added": [
        "County authority to act in specific cases for a specified period."
      ],
      "removed": [
        "None observed."
      ],
      "summary": "Reference to the county authority acting under section 626.557 for petitioning emergency guardianship.",
      "modified": [
        "Expands the period for county authority when acting as emergency guardians."
      ]
    },
    "citation": "626.557"
  }
]

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