Selling Personal Property of Ward Under Guardianship in Minnesota

What happens if a guardian decides the certain items of the ward's must be sold or otherwise disposed of? For example, the guardian might decide that funds are needed for the ward's care, so items must be sold. Or the guardian may decide that items are no longer used and are too expensive to maintain. For example, a vehicle that the ward doesn't drive anymore, but that requires insurance. Can a guardian sell some of the ward's personal property? Yes. Minn. Stat. 524.313(c)(3) sets forth the procedures that must be followed before disposing of personal property.

Minn. Stat. 524.5-313(c)(3) provides the guardian with "the duty to take reasonable care of the ward's clothing, furniture, vehicles and other personal effects, and, if other property requires protection, the power to seek appointment of a conservator of the estate."

If the guardian wants to dispose of items such as these, notice must be given to interested persons. The form Notice of Intent to Dispose of Clothing, Furniture or Other Personal Effects is found on the State Court website. It must be completed by the guardian and served on Interested Persons at least 10 days before the items are disposed of by the guardian. Interested Persons are those listed in Minn. Stat. 524.5-102, Subd. 7. The Interested Persons then have the 10 day period in which to serve the guardian, by mail or personal service, with an objection. If the guardian receives an objection and still wants to sell or dispose of the item, the guardian must first petition the court for approval of the proposed disposition.

Finally, the last thing to be aware of, before steps are taken to sell personal property, is that it is important for the Conservator to check the Protected Person's Will and make sure the property being sold has not been specifically devised in the Will or revocable trust. If it is, then the item may still be sold, but the funds from the sale must be set aside and preserved for the intended beneficiary (or if necessary for the protected person's care, those funds should be used last). See Minn. Stat. 524.2-606

For specifics regarding a guardian selling a ward's personal property and the proper procedures to follow, see Minn. Stat. 524.5-313 or speak with an experienced Minnesota guardianship attorney.

Guardianship Video Requirement in Hennepin County

Effective December 1, 2011, proposed guardians and/or conservators in the Fourth Judicial District (Hennepin County, MN), must view an educational video prior to the initial hearing.They will also be required to submit a modified version of the acceptance and oath, stating that they have viewed the video.

The purpose of the video is to educate proposed guardians and conservators on their duties prior to the initial hearing. The video has 7 segments, totaling 34 minutes in length. The segments are on the following topics: Introduction to Guardianship/Conservatorship; What Guardianship is Not; Less Restrictive Alternatives to Guardianship and Conservatorship; Roles and Responsibilities of a Guardian; Roles and Responsibilities of a Conservator; Annual Reporting Requirements; Common Issues and Problems.

The full press release, detailing the new requirements, can be found on the Minnesota State Court website here.

The video itself, along with a link to the modified Oath and Acceptance form, can be found on the Hennepin County Probate Court website here.

National Guardianship Association: Information and Resources

The National Guardianship Association has redesigned its website. It continues to be a valuable resource for information relating to guardianships and conservatorships across the whole United States, including resources and information relating to current issues surrounding guardianships and conservatorships. Don't forget about this valuable resource if you are looking for information about guardianships on the national level. If you want information on guardianships or conservatorships in Minnesota, please contact experienced guardianship attorney Cindi Spence Matt at Matt Legal Services.

New Report: Alzheimer's From The Front Lines

The NAPA (National Alzheimer's Project Act) issued it's new report addressing the 10 key issues that they believe must be addressed in a National Alzheimer's Plan. The report, called: Alzheimer's From the Front Lines: Challenges a National Plan Must Address can be found on the Alzheimer's Association's website (and a link is also provided here). The report was prepared based upon the input of over 43,000 people from across the United States, who shared their insight, experiences and hardships. The 10 key issues which emerged that must be addressed by the National Alzheimer's Project include:

1. A lack of public awareness
2. Insufficient research funding
3. Difficulties with diagnosis
4. Poor dementia care
5. Inadequate treatments
6. Specific challenges facing diverse communities
7. Specific challenges facing those with younger-onset Alzheimer’s
8. Unprepared caregivers
9. Ill-equipped communities
10. Mounting Costs

To see facts and statistics about how Alzheimer's impacts Minnesotans, based upon the input they provided into the report, see here. In Minnesota in 2010, there were 94,000 people 65 years and older with Alzheimer’s. In Minnesota in 2010, there were 237,441 caregivers who provided unpaid care valued at over $3.2 billion.

For more information on the National Alzheimer's Plan, visit www.alz.org/napa