1. John Fillbrandt Minnesota Department of Human Services June 21, 20110
Public Guardianship
John Fillbrandt
Minnesota Department of
Human Services
June 21, 20110

2. History and Background
1917 – Mental Retardation Guardianship Act
State Schools - Hospitals

3. History and Background
Current Demographics:
Approximately 2300 Wards
in Minnesota,
Some dating back to 1920’s
Public vs Private Guardianship

4. Authorities General Law by Reference: Minnesota Statutes 524.5
Minnesota Statutes 252A.01 to 252A.21
Minnesota Rules to
General Law by Reference:
Minnesota Statutes 524.5

5. Political Correctness
Persons are
Developmentally Disabled

6. Legal Terms
Guardian
Guardian ad litem
Conservator
Power of Attorney

7. Who is a Guardianship Candidate?
“The person is an adult with mental retardation and impaired to the extent of lacking sufficient understanding or capacity to make or communicate responsible personal decisions, and who has demonstrated deficits in behavior which evidence an inability to meet personal needs for health and safety.”

8. CANDIDATES
The person is in need of the supervision and protection of a guardian.
That no appropriate alternatives to public guardianship exists that would be less restrictive of the person’s civil rights and liberties.

9. POWERS
“The duty and power to exercise supervisory authority over the ward in a manner that limits civil rights and restricts personal freedom only to the extent necessary to provide needed care and services.”

10. POWERS
Delegated vs
Non-Delegated

11. Non-Delegated Powers Consent for DNR-DNI
Consent to Limit Medical Treatment (LMT)
Participation in Research

12. Non-Delegated Powers Consent for Electro-convulsive Therapy
Sterilization
Psychosurgery

13. Delegated POWERS
General. Except as otherwise provided in this section, sections and , apply to the powers and duties of a public guardian.

14. Delegated POWERS Determine Place of Residence
Give necessary consent for medical or other care* (see non-delegated powers)
Approve or withhold approval of contracts (marriage)

15. Delegated POWERS Consent to use Aversive or Deprivation Procedures
Consent to use Psychotropic Medications
Consent to be Photographed or Filmed
Consent to Release Information

16. Delegated Powers
Additional powers.
In addition to the powers contained in sections and , the powers of a public guardian that the court may grant include:

17. Delegated Powers
the power to permit or withhold permission for the ward to marry;
the power to begin legal action or defend against legal action in the name of the ward; and
the power to consent to the adoption of the ward (MS , subd 3)

18. DUTIES Visit ward at least twice a year
Take actions to maximize independent functioning and personal freedom
Consult with family
Submit Annual Review

19. Around ward’s birthday
Annual Review
Around ward’s birthday
A. physical adjustment and progress;
B. mental adjustment and progress;
C. social adjustment and progress; and
D. legal status based on A to C.

20. Duties Separation of Roles of Case Manager – Guardian
Best-Interest Decisions for Ward

21. What does it mean to make Best-Interest Decisions for someone?
ETHICS
What does it mean to make Best-Interest Decisions for someone?

22. Special Problems Associations: Independence vs Risk Family Involvement
Conservatorship
Assets, Estates,

23. Darlene Luther Anatomical Gifts Act
End-of-Life
Do Not Resuscitate-Do Not Intubate
Limited Medical Treatment –
advance directives, hospice
Organ Donation –
Minnesota Statutes 525A.01
Darlene Luther Anatomical Gifts Act

24. End-of-Life
Care of Remains
Cremation
Burial Customs

25. Contact John Fillbrandt 651-431-2441 John.Fillbrandt@state.mn.us
Fax
Department of Human Services
PO Box 64967
St. Paul Minnesota