New Minnesota Emergency and Temporary Conservator legislation

The legislature has new legislation regarding emergency and temporary conservators. It can be found at: https://www.revisor.mn.gov/laws/?id=334&year=2010&type=0

Previously, there was not specific statutory authority for an emergency conservator. Instead, if there was a financial emergency for a vulnerable person, one would either have the option of applying for an emergency guardian and hope that the emergency guardian could head off any sort of financial wrongdoings, or apply for a protective order and hope that the court crafted the protective order in such a manner that it would take care of the financial emergency. Now, with the new legislation, there is specific statutory authority for the appointment of an emergency and temporary conservator. The statutory procedures appear to closely mirror those necessary for an emergency guardian.

With the back log in the Courts, and the apparent increase in financial exploitation of vulnerable adults (as evidenced by what seems to be an increasing number of newspaper articles regarding the same), it will be interesting to see whether this new statutory provision for an emergency conservator is utilized. As with general guardianships and conservatorships, I think petitioners need to be selective in what they apply for and only apply for those powers which are necessary (and don’t just check the “all powers” box).

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