Subdivision 1. Review required. The commissioner shall require an annual review of the physical, mental, and social adjustment and progress of every person subject to public guardianship. A copy of this review shall be kept on file at the Department of Human Services and may be inspected by the person subject to public guardianship, the parents, spouse, or relatives of the person subject to public guardianship, and other persons who receive the permission of the commissioner. The review shall contain information required under Minnesota Rules, part 9525.3065, subpart 1.
Subd. 2. Assessment of need for continued guardianship. The commissioner shall annually review the legal status of each person subject to public guardianship in light of the progress indicated in the annual review. If the commissioner determines the person subject to public guardianship is no longer in need of public guardianship or is capable of functioning under a less restrictive guardianship, the commissioner or local agency shall petition the court pursuant to section 252A.19 to restore the person subject to public guardianship to capacity or for a modification of the court's previous order.
1975 c 208 s 16; 1984 c 654 art 5 s 58; 1986 c 444; 1987 c 185 art 1 s 24; 1Sp2001 c 9 art 13 s 11; 2002 c 379 art 1 s 113; 2021 c 30 art 13 s 38
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 252A — Developmental Disability Protection
Section 252A.01 — Policy And Citation.
Section 252A.02 — Definitions.
Section 252A.03 — Nomination Of Commissioner As Guardian.
Section 252A.04 — Comprehensive Evaluation.
Section 252A.05 — Commissioner's Petition For Appointment As Public Guardian.
Section 252A.06 — Petition For Appointment Of Public Guardian.
Section 252A.07 — Filing Of Comprehensive Evaluation.
Section 252A.081 — Notice Of Hearing.
Section 252A.09 — Appointment Of Counsel.
Section 252A.111 — Powers And Duties Of Public Guardian.
Section 252A.12 — Appointment Of Public Guardian Not A Finding Of Incompetency.
Section 252A.14 — Commissioner As Advisor.
Section 252A.16 — Annual Review.
Section 252A.17 — Effect Of Succession In Office.
Section 252A.171 — Transfer Of Venue.
Section 252A.19 — Modification Of Guardianship; Restoration To Legal Capacity.