FAQ Friday: Who are “Interested Persons” in Minnesota guardianship proceedings?

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FAQ Friday is a new part of this blog where Spence Legal Services will provide answers to frequently asked questions on guardianships and conservatorships in Minnesota.  If you have a question that you would like answered for a future post, please submit it to Spence Legal via email (our contact information can be found on the “Contact Us” tab on this website)

FAQ:  Who are “Interested Persons” in Minnesota Guardianship Proceedings?

Interested Persons are defined by statute in Minnesota Guardianship Proceedings.  The relevant statute is Minn. Stat. 524.5-102, subd 7, which defines “Interested Persons” as follows:

Subd. 7.Interested person.

“Interested person” includes:

(i) the ward, protected person, or respondent;

(ii) a nominated guardian or conservator, or the duly appointed guardian or conservator;

(iii) legal representative;

(iv) the spouse, parent, adult children and siblings, or if none of such persons is living or can be located, the next of kin of the ward, protected person, or respondent;

(v) an adult person who has lived with a ward, protected person, or respondent for a period of more than six months;

(vi) an attorney for the ward or protected person;

(vii) a governmental agency paying or to which an application has been made for benefits for the respondent, ward, or protected person, including the county social services agency for the person’s county of residence and the county where the proceeding is venued;

(viii) a representative of a state ombudsman’s office or a federal protection and advocacy program that has notified the court that it has a matter regarding the ward, protected person, or respondent;

(ix) a health care agent or proxy appointed pursuant to a health care directive as defined in section 145C.01, a living will under chapter 145B, or other similar document executed in another state and enforceable under the laws of this state; and

(x) any other person designated by the court.

 

Who are "Interested Persons" in a Minnesota Guardianship?

“Interested Persons” are entitled to notice of a guardianship or conservatorship petition, annual guardianship filings, and many other proceedings in Minnesota guardianships and conservatorships. But who are “Interested Persons” in a Guardianship or Conservatorship proceeding?

Minn. Stat. 524.5-102 provides definitions for the Uniform Guardianship and Protective Proceedings Act, Minn. Stat. sections 524.5-101- 524.5-502. Interested Persons are defined in subdivision 7, as follows:

Subd. 7.Interested person.

“Interested person” includes:

(i) the ward, protected person, or respondent;

(ii) a nominated guardian or conservator, or the duly appointed guardian or conservator;

(iii) legal representative;

(iv) the spouse, parent, adult children and siblings, or if none of such persons is living or can be located, the next of kin of the ward, protected person, or respondent;

(v) an adult person who has lived with a ward, protected person, or respondent for a period of more than six months;

(vi) an attorney for the ward or protected person;

(vii) a governmental agency paying or to which an application has been made for benefits for the respondent, ward, or protected person, including the county social services agency for the person’s county of residence and the county where the proceeding is venued;

(viii) a representative of a state ombudsman’s office or a federal protection and advocacy program that has notified the court that it has a matter regarding the ward, protected person, or respondent;

(ix) a health care agent or proxy appointed pursuant to a health care directive as defined in section 145C.01, a living will under chapter 145B, or other similar document executed in another state and enforceable under the laws of this state; and

(x) any other person designated by the court.

If you would like more information about Guardianships or Conservatorships in Minnesota, please contact experienced guardianship attorney Cindi S. Matt at Matt Legal Services.

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