Minnesota Statutes 524.5-102 – Definitions
Subdivision 1.Scope.
As used in sections 524.5-101 to 524.5-502, the terms defined in this section have the meanings given them.
Subd. 1a.ABLE account.
Terms Used In Minnesota Statutes 524.5-102
- Adult: means an individual 18 years of age or older. See Minnesota Statutes 645.451
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- children: includes children by birth or adoption;
(9) "day" comprises the time from midnight to the next midnight;
(10) "fiscal year" means the year by or for which accounts are reckoned;
(11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;
(12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;
(13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;
(14) "minor" means an individual under the age of 18 years;
(15) "money" means lawful money of the United States;
(16) "night time" means the time from sunset to sunrise;
(17) "non compos mentis" refers to an individual of unsound mind;
(18) "notary" means a notary public;
(19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;
(20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Minor: means an individual under the age of 18. See Minnesota Statutes 645.451
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Trustee: A person or institution holding and administering property in trust.
Terms Used In Minnesota Statutes 524.5-102
- Adult: means an individual 18 years of age or older. See Minnesota Statutes 645.451
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- children: includes children by birth or adoption;
(9) "day" comprises the time from midnight to the next midnight;
(10) "fiscal year" means the year by or for which accounts are reckoned;
(11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;
(12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;
(13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;
(14) "minor" means an individual under the age of 18 years;
(15) "money" means lawful money of the United States;
(16) "night time" means the time from sunset to sunrise;
(17) "non compos mentis" refers to an individual of unsound mind;
(18) "notary" means a notary public;
(19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;
(20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Minor: means an individual under the age of 18. See Minnesota Statutes 645.451
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Trustee: A person or institution holding and administering property in trust.
“ABLE account” means an Achieving a Better Life Experience Act of 2014 account under section 529A of the Internal Revenue Code.
Subd. 2.Claim.
“Claim,” with respect to a person subject to conservatorship, includes a claim against an individual, whether arising in contract, tort, or otherwise, and a claim against an estate which arises at or after the appointment of a conservator, including expenses of administration.
Subd. 3.Conservator.
“Conservator” means a person who is appointed by a court to manage the estate of a person subject to conservatorship and includes a limited conservator.
Subd. 4.Court.
“Court” means the district court.
Subd. 5.Guardian.
“Guardian” means a person who has qualified as a guardian of a minor or incapacitated person pursuant to appointment by a parent or spouse, or by the court, and includes a limited, emergency, or temporary substitute guardian but not a guardian ad litem.
Subd. 6.Incapacitated person.
“Incapacitated person” means an individual who, for reasons other than being a minor, is impaired to the extent of lacking sufficient understanding or capacity to make personal decisions, and who is unable to meet personal needs for medical care, nutrition, clothing, shelter, or safety, even with appropriate technological and supported decision making assistance.
Subd. 6a.Interested party.
“Interested party” means a person who has suffered some injury-in-fact, a person who is the beneficiary of some legislative enactment granting standing, or a person who must have sufficient personal interest in the matter so that it is appropriate to allow that person to participate in the matter.
Subd. 7.Interested person.
“Interested person” includes:
(i) the adult subject to guardianship or conservatorship, 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 including adult step-children of a living spouse, and siblings, or if none of such persons is living or can be located, the next of kin of the person subject to guardianship, person subject to conservatorship, or respondent;
(v) an adult person who has lived with a person subject to guardianship, person subject to conservatorship, or respondent for a period of more than six months;
(vi) an attorney for the person subject to guardianship or person subject to conservatorship;
(vii) a governmental agency paying or to which an application has been made for benefits for the respondent, person subject to guardianship, or person subject to conservatorship, 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 person subject to guardianship, person subject to conservatorship, 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;
(x) in the case of a minor who is an Indian as defined under United States Code, title 25, § 1903, (1) the tribal chairman or delegated agent and (2) the regional director of the minor child’s tribe with service by registered or certified mail under Code of Federal Regulations, title 25, parts 23.11 and 23.12; and
(xi) any other person designated by the court.
Subd. 8.Legal representative.
“Legal representative” includes a representative payee, a guardian or conservator acting for a respondent in this state or elsewhere, or a trustee or custodian of a trust or custodianship of which the respondent is a beneficiary.
Subd. 9.Letters.
“Letters” includes letters of guardianship and letters of conservatorship.
Subd. 10.Minor.
“Minor” means an unemancipated individual who has not attained 18 years of age.
Subd. 11.Next of kin.
“Next of kin” shall be determined by the court.
Subd. 12.Parent.
“Parent” means a parent whose parental rights have not been terminated.
Subd. 13.Person.
“Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
Subd. 13a.Person subject to conservatorship.
“Person subject to conservatorship” means a minor or other individual for whom a conservator has been appointed.
Subd. 13b.Person subject to guardianship.
“Person subject to guardianship” means an individual for whom a guardian has been appointed.
Subd. 13c.Professional guardian or professional conservator.
“Professional guardian” or “professional conservator” means a person acting as guardian or conservator for three or more individuals not related by blood, adoption, or marriage.
Subd. 14.Protected person.
“Protected person” means a minor or other individual for whom a conservator has been appointed or other protective order has been made.
Subd. 15.Respondent.
“Respondent” means an individual for whom the appointment of a guardian or conservator or other protective order is sought.
Subd. 16.State.
“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or a territory or insular possession subject to the jurisdiction of the United States.
Subd. 16a.Supported decision making.
“Supported decision making” means assistance from one or more persons of an individual’s choosing in understanding the nature and consequences of potential personal and financial decisions which enables the individual to make the decisions and, when consistent with the individual’s wishes, in communicating a decision once made.
Subd. 17.Ward.
“Ward” means an individual for whom a guardian has been appointed.