Minn. Stat. » CHAPTER 525. PROBATE PROCEEDINGS
Minnesota Statutes

Minn. Stat. § 525.539 (2026)

[Repealed]

✓ current as of May 2026
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MS 2002 [Repealed, 2003 c 12 art 2 s 8]

Notes of Decisions
Cited in 12 cases, 1984–2003 · leading case: Matter of Conservatorship of Torres, 357 N.W.2d 332 (Minn. 1984).
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Matter of Conservatorship of Torres, 357 N.W.2d 332 (Minn. 1984). · cites it 4× “The appellant maintains that neither trial courts nor conservators are authorized by Minnesota's guardianship statutes, Minn.Stat. § 525.539 et seq. (1982), to order the termination of a conservatee's life support systems.”
Shields v. Duggan (In Re Dartco, Inc.), 197 B.R. 860 (Bankr. D. Minn. 1996). · cites it 4× “” Under the definition of Minn. Stat. § 525.539 subd. 2, a “guardian” is one "appointed by the court to exercise all of the duties designated in [Minn.”
In Re Guardianship of Kowalski, 478 N.W.2d 790 (Minn. Ct. App. 1991). · cites it 4× “Minn.Stat. § 525.539, subd. 7. There is no language in the statute specifically directing that a guardian be a neutral, detached party.”
In Re Conservatorship of Foster, 547 N.W.2d 81 (Minn. 1996). · cites it 2× “Minn.Stat. § 525.539, subds. 2 & 3 (1994) (defining “guardian” and "conservator”).”
Settlement Capital Corp. v. State Farm Mut. Auto. Ins. Co., 646 N.W.2d 550 (Minn. Ct. App. 2002). · cites it 2× “1(2) (2000) (including reasonable preference of a child of sufficient age as factor to be considered in determining best interests of child); Minn. Stat. § 525.539 , subd. 7 (2000) (including reasonable preference of a ward with sufficient capacity to express a preference as…”
In Re the Guardianship of Mikulanec, 356 N.W.2d 683 (Minn. 1984). · cites it 2× “Minn. Stat. § 525.539 , subd. 2, 3 (1982).”
In Re Guardianship of Kowalski, 382 N.W.2d 861 (Minn. Ct. App. 1986). · cites it 2× “See Minn.Stat. § 525.539, subds. 2, 3 (1984).”
In Re Conservatorship of Kocemba, 429 N.W.2d 302 (Minn. Ct. App. 1988). · cites it 2× “” Minn.Stat. § 525.539, subd. 5 (1986). Upon a petition, a court may appoint a conservator of the person or the estate, or of both, of any incapacitated person if the court is satisfied of the need therefor.”
In Re Conservatorship of Smith, 655 N.W.2d 814 (Minn. Ct. App. 2003). · cites it 2× “See Minn.Stat. §§ 525.539, subds. 3, 5, .54, subds.”
In Re the Conservatorship of Brady, 607 N.W.2d 781 (Minn. 2000). · cites it 2× “When deciding on her place of abode, Minn.Stat. § 525.539, subd. 7(1) (1998) requires the court to consider the “reasonable preference of the * * * con-servatee, if the court determines the * * * eonservatee has sufficient capacity to express a preference.”
Frederick v. Peoples State Bank of Madison Lake, 385 N.W.2d 11 (Minn. Ct. App. 1986). · cites it 2× “Here, the circumstances differ from the usual case in two significant ways: (1) Anna Frederick was a ward whose legal authority could only be exercised through her guardian, under the probate court’s direction and supervision; see Minn. Stat. §§ 525.539 - 91 (1984), and (2) Anna…”
In Re Conservatorship of Nelsen, 587 N.W.2d 649 (Minn. Ct. App. 1999). · cites it 2× “Minn.Stat. § 525.539, subd. 6 (1998). We decline to construe the statutes allowing a conservatee to petition for restoration of capacity, for modification of a conservator-ship, and to prevent or initiate a change of abode as allowing appellant to retain private counsel without…”
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