Minn. Stat. » CHAPTER 252A. DEVELOPMENTAL DISABILITY PROTECTION
Minnesota Statutes

Minn. Stat. § 252A.111 (2026)

Powers And Duties Of Public Guardian

✓ current as of May 2026
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Subdivision 1.General.

Except as otherwise provided in this section, sections 524.5-207 and 524.5-313, apply to the powers and duties of a public guardian.

Subd. 2.Additional powers.

In addition to the powers contained in sections 524.5-207 and 524.5-313, the powers of a public guardian that the court may grant include:

(1) the power to permit or withhold permission for the person subject to public guardianship to marry;

(2) the power to begin legal action or defend against legal action in the name of the person subject to public guardianship; and

(3) the power to consent to the adoption of the person subject to public guardianship as provided in section 259.24.

Subd. 3.

MS 2000 [Repealed, 1Sp2001 c 9 art 13 s 29]

Subd. 4.Appointment of conservator.

If the person subject to public guardianship has a personal estate beyond that which is necessary for the personal and immediate needs of the person subject to public guardianship, the commissioner shall determine whether a conservator should be appointed. The commissioner shall consult with the parents, spouse, or nearest relative of the person subject to public guardianship. The commissioner may petition the court for the appointment of a private conservator of the person subject to public guardianship. The commissioner cannot act as conservator for public persons subject to public guardianship or public protected persons.

Subd. 5.Local agencies.

The commissioner may carry out the powers and duties prescribed by this chapter directly or through local agencies.

Subd. 6.Special duties.

In exercising powers and duties under this chapter, the commissioner shall:

(1) maintain close contact with the person subject to public guardianship, visiting at least twice a year;

(2) protect and exercise the legal rights of the person subject to public guardianship;

(3) take actions and make decisions on behalf of the person subject to public guardianship that encourage and allow the maximum level of independent functioning in a manner least restrictive of the personal freedom of the person subject to public guardianship consistent with the need for supervision and protection; and

(4) permit and encourage maximum self-reliance on the part of the person subject to public guardianship and permit and encourage input by the nearest relative of the person subject to public guardianship in planning and decision making on behalf of the person subject to public guardianship.

Notes of Decisions
Cited in 4 cases, 1991–1995 · leading case: Matter of Blilie, 494 N.W.2d 877 (Minn. 1993).
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Matter of Blilie, 494 N.W.2d 877 (Minn. 1993). · cites it 2× “The public guardian, who has a wide range of duties with respect to the patient, see Minn. Stat. §§ 252A.111, 525.56, subds. 1-3 (1992), has much broader knowledge of the patient’s concerns and needs than would a guardian ad litem who is appointed for the limited purpose of…”
In Re Pub. Conservatorship of Foster, 535 N.W.2d 677 (Minn. Ct. App. 1995). · cites it 2× “1-3, as well as additional powers specified in the public guardianship statute, Minn.Stat. § 252A.111, subd. 2. The intent of the statute is to require the court to grant the least amount of power necessary to protect the conservatee.”
Crawford v. Minnesota Dep't of Human Servs., 468 N.W.2d 583 (Minn. Ct. App. 1991). · cites it 2× “The Commissioner, as Crawford’s public guardian, has delegated her guardianship duties to the Hennepin County Welfare Board pursuant to Minn. Stat. § 252A.111, subd. 5 (1988). Hennepin County also provides case management services for Crawford pursuant to Minn.”
Matter of Blilie, 484 N.W.2d 34 (Minn. Ct. App. 1992). · cites it 8× “Neither is there any indication in the record before us that the freedom of the public guardian, in this case the Ramsey County social worker, to make an informed judgment on behalf of Blilie has ever been limited formally or informally by the Commissioner's responsibility to…”
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