Greater Protection for Minnesota’s Vulnerable Adults Being Proposed

Last week Attorney General Lori Swanson and Anoka County Attorney Tony Palumbo announced details of proposed legislation that would provide greater protection to vulnerable adults under guardianship and conservatorship in Minnesota.  The press release from Attorney General Swanson’s office can be found here.

The proposed legislation is to be authored by Rep. Debra Hilstrom (DFL – Brooklyn Center) and Sen. Ron Latz (DFL – St. Louis Park).  The major provisions are anticipated to be as follows:

  • Expanding background checks on proposed guardians and conservators to require disclosure of whether they have been denied a license by the state related to the responsibilities of a fiduciary duty, or whether they have ever had a license suspended, revoked or conditioned.
  • Requiring disclosure by proposed guardians of information which may reflect on their suitability to be a guardian or conservator, including:  whether they have filed for bankruptcy, whether they have been found civilly liable for fraud or misrepresentation, whether they have any outstanding civil monetary judgments against them or whether they have had an order for protection or harassment restraining order issue against them.
  • Requiring that background checks be done every 2 years (versus every 5 years, as currently required)
  • Requiring that guardians disclose any changes in the foregoing information (and any criminal history) within 30 days.

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