Subdivision 1.Who may file.

A verified petition alleging that the appointment of a public guardian is required may be filed by: the commissioner; the local agency; a person with a developmental disability; or a parent, stepparent, spouse, or relative of a person with a developmental disability.

Subd. 2.Contents.

Terms Used In Minnesota Statutes 252A.06

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
  • Personal property: All property that is not real property.
  • verified: when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45

The petition shall set forth:

(1) the name and address of the petitioner and, in the case of a petition brought by a person other than the commissioner, whether the petitioner is a parent, spouse, or relative of the proposed person subject to guardianship;

(2) whether the commissioner has accepted a nomination to act as public guardian;

(3) the name, address, and date of birth of the proposed person subject to public guardianship;

(4) the names and addresses of the nearest relatives and spouse, if any, of the proposed person subject to public guardianship;

(5) the probable value and general character of the real and personal property of the proposed person subject to public guardianship and the probable amount of the debts of the proposed person subject to public guardianship; and

(6) the facts supporting the establishment of public guardianship, including that no family member or other qualified individual is willing to assume guardianship responsibilities under sections 524.5-101 to 524.5-502.