GUIDING FAMILIES THROUGH THE SEASONS OF LIFE

Disposal of Ward’s Personal Effects in Minnesota Guardianships

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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