How does a guardian dispose of personal property of a person under guardianship in Minnesota? Can the guardian just sell or donate clothing, furniture, vehicles, etc. ?
Minn. Stat. 524.5-313(c)(3) provides the procedures that a guardian must follow before disposing of personal items of a person under guardianship.
Essentially the Guardian has to fill out a form/notice (available at www.mncourts.gov) indicating what the guardian intends to sell/dispose of and to whom/how. The notice must be served on the person under guardianship and on interested persons. The guardian then needs to wait 10 days and, if no objection to the proposed disposition has been received, the guardian can then dispose of the item. If an objection is received and filed with the Court, the guardian must then wait for court direction (after a hearing) as to whether the item can be sold.
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FAQ: I’ve been appointed as guardian, so I know I’m in charge of my mom’s clothing, furniture, vehicles and other personal effects. How do I go about disposing of them or selling them?
In Minnesota, a guardian is responsible for a ward’s clothing, furniture, vehicles and other personal effects. A conservator, if one is appointed, would be responsible for all other property. Minnesota Statute 524.5-313(c)(3) sets forth your duties regarding the ward’s clothing, furniture, vehicles and other personal effects. Essentially, you must do as follows:
- Fill out a Notice of Intent to Dispose of Clothing, Furniture, Vehicles or Other Personal Effects. The form can be found on the Minnesota Court Website. Fill it out as completely as possible with details regarding what you intend to dispose of and how you intend to do that (i.e. private sale, donate it to Goodwill, post it on Craigslist, etc).
- Mail the notice on the Ward (the person for whom you are Guardian) and Interested Persons (defined by Minn. Stat. 524.5-102)
- File the Notice and an Affidavit of Service with the Court.
- Wait 10 days. If you have not received an objection, you can proceed with your planned distribution of the personal property. If you have received an objection, or one has been filed with the court, you need to wait until you receive an order from the court telling you what to do with the property (a hearing will be scheduled and held).
If you have questions on this process, speak with a qualified guardianship attorney.