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, respect, and participation in decision-making regarding their health care and personal preferences. Notably, the bill allows for communication and interaction with others, including electronic communications, unless there is a significant risk of harm, in which case the guardian must petition the court for restrictions. Additionally, the bill clarifies the responsibilities of guardians, ensuring they act in the best interests of the individuals they serve while maintaining their rights.

The bill also modifies the provisions for appointing emergency guardians, allowing for a rebuttable presumption that there is no risk of substantial harm if the respondent is in a hospital or care facility. It streamlines the process for appointing emergency guardians and requires that a lawyer be appointed to represent the respondent immediately upon receipt of the petition. Furthermore, the bill outlines the powers and duties of guardians, emphasizing that they must operate under court direction and only exercise necessary powers to meet the needs of the person under guardianship. Overall, the amendments aim to strengthen the rights and protections of individuals under guardianship while ensuring that guardians fulfill their roles responsibly and ethically.

Statutes affected:
Introduction: 524.5