Legal authority

Minn. Stat. §252A.01 to §252A. 21, Uniform Guardianship and Protective Proceedings Act (Minn. Stat. §524.5-101 to §524.5-502), Minn. Stat. §626.557, subd. 10(c), 2-3, Minn. R. 9525.3010 to 9525.3100

Overview

Five main steps must happen to establish the DHS commissioner as a person’s public guardian:

1. Lead agency or another interested individual nominates DHS as the person’s public guardian

2. DHS orders a comprehensive assessment of the person, and the lead agency completes it

3. DHS accepts the nomination

4. Lead agency’s attorney files a petition for public guardianship with the district court

5. Applicable parties participate in a hearing.

Following a hearing, the court may order the DHS commissioner as the person’s public guardian. The following sections explain this process in more detail.

Step 1: Nominate DHS

A lead agency or any interested individual may nominate the DHS commissioner to be the person’s public guardian. Before doing so, the lead agency should ensure that no other party is willing and able to serve as the person’s guardian.

To nominate the DHS commissioner, the lead agency or individual must submit a notarized, sworn letter to the DHS Public Guardianship Office via email.

The notarized, sworn letter must:

Step 2: Complete assessment

Within 20 business days of receiving the nomination letter, DHS orders a comprehensive evaluation from the lead agency/individual who made the nomination. The evaluation must include:

1. Medical report on the person’s health status and physical condition, prepared under the direction of a licensed physician

2. Report on the person’s psychological status, prepared by a psychologist who is qualified to diagnose and treat a person with developmental disabilities. The report should:

3. Report from the person’s case manager that includes:

Timeline

The lead agency/individual nominating must prepare and submit all pieces of the comprehensive assessment to the DHS Public Guardianship Office within 90 days from the date DHS requests it.

Each report included in the assessment must have been completed no more than 12 months before the lead agency/individual sends the nomination letter. If a report completed within the last 12 months is not available, the lead agency must arrange for it to be prepared and forwarded to DHS, as part of the comprehensive assessment.

Person’s refusal to participate

If the person refuses to participate in any part of the comprehensive assessment, the nomination may still proceed to a hearing if the county director files an affidavit stating the person’s refusal.

Step 3: DHS responds to nomination

Within 20 business days of receiving the comprehensive assessment, DHS notifies the lead agency if it accepts or rejects the nomination.

Acceptance

DHS accepts the nomination if it determines that the person meets the eligibility criteria on CBSM – Public guardianship. The acceptance letter will instruct the lead agency on the next steps.

Rejection

If DHS rejects the nomination, the person diagnosed with a developmental disability or their parents, spouse or close relative may file a petition with the court. In this case, DHS forwards a copy of the comprehensive assessment to the court upon notice of the petition.

Step 4: File a petition with court

Within 20 business days of receiving acceptance from DHS, the lead agency’s attorney or legal contractor files the following with the district court:

Step 5: Participate in a hearing

After receiving the petition, the court:

During the hearing, the court makes specific written findings of fact, conclusions of law and appropriate judgments and orders. Unless the court rejects the appointment of a public guardian, the court’s order:

Note: The specifics of this process depend on the district court.

Contact information

The DHS Public Guardianship Office acts on behalf of the DHS commissioner. The lead agency may contact and submit relevant materials (e.g., comprehensive assessment) to the DHS Public Guardianship Office via: