Minnesota Guardian Priority Statutes

524.5-309 Who May Be Guardian: Priorities.

(a) Subject to paragraph (c), the court, in appointing a guardian, shall consider persons otherwise qualified in the following order of priority: (1) a guardian, other than a temporary or emergency guardian, currently acting for the respondent in this state or elsewhere; (2) an agent appointed by the respondent under a health care directive pursuant to chapter 145C; (3) the spouse of the respondent or a person nominated by will or other signed writing executed in the same manner as a health care directive pursuant to chapter 145C of a deceased
spouse; (4) an adult child of the respondent; (5) a parent of the respondent, or an individual nominated by will or other signed writing executed in the same manner as a health care directive pursuant to chapter 145C of a deceased parent; and (6) an adult with whom the respondent has resided for more than six months before the filing of the petition. (b) The court, acting in the best interest of the respondent, may decline to appoint a person having priority and appoint a person having a lower priority or no priority. With respect to persons having equal priority, the court shall select the one it considers best qualified. (c) Any individual or agency which provides residence, custodial care, medical care, employment training or other care or services for which they receive a fee may not be appointed as guardian unless related to the respondent by blood, marriage, or adoption. History: 2003 c 12 art 1 s 33