This bill amends several sections of the Minnesota Statutes related to guardianship and conservatorship, specifically enhancing the rights of individuals under guardianship. Key changes include the introduction of a more comprehensive Bill of Rights for persons subject to guardianship, which emphasizes their rights to dignity, personal preferences, and communication. Notably, the bill allows for restrictions on communication, visitation, or interaction only if there is a significant risk of harm, requiring the guardian to petition the court for such restrictions. Additionally, it mandates that guardians must provide written notice of any imposed restrictions and allows individuals to petition the court to modify or remove these restrictions.
The bill also modifies the provisions regarding emergency guardianship, allowing for the appointment of an emergency guardian without prior notice to the respondent only under specific circumstances. It establishes a rebuttable presumption that there is no risk of substantial harm if the respondent is in a hospital or care facility. Furthermore, the powers and duties of guardians are clarified, ensuring that they act under court direction and only exercise necessary powers. The amendments also reinforce the rights of individuals regarding their personal property and medical decisions, including the requirement for court approval for certain medical procedures. Overall, the bill aims to strengthen the protections and rights of individuals under guardianship while ensuring that guardians act in their best interests.
Statutes affected: Introduction: 524.5