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

Minn. Stat. § 252A.12 (2026)

Appointment Of Public Guardian Not A Finding Of Incompetency

✓ current as of May 2026
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An appointment of the commissioner as public guardian shall not constitute a judicial finding that the person with a developmental disability is legally incompetent except for the restrictions that the public guardianship places on the person subject to public guardianship. The appointment of a public guardian shall not deprive the person subject to public guardianship of the right to vote.

Notes of Decisions
Cited in 2 cases, 1995–1996 · leading case: In Re Conservatorship of Foster, 547 N.W.2d 81 (Minn. 1996).
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In Re Conservatorship of Foster, 547 N.W.2d 81 (Minn. 1996). “§ 252A.12 (1994). Accordingly, when a conservatee is found by clear and convincing evidence to be incapable of exercising the power to consent to necessary medical care and treatment, as the district court did here, and the public conservator is granted the power to consent to…”
In Re Pub. Conservatorship of Foster, 535 N.W.2d 677 (Minn. Ct. App. 1995). · cites it 2× “Minn.Stat. § 252A.12. Thus, the statute recognizes that as to the determined areas of incapacity, the public conservatee is incompetent.”
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