Minnesota Statutes

Minn. Stat. § 525.54 (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[Repealed]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MS 2002 [Repealed, 2003 c 12 art 2 s 8]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 17 cases, 1943–2003 · leading case: In Re Guardianship of Kowalke, 46 N.W.2d 275 (Minn. 1950).

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In Re Guardianship of Kowalke, 46 N.W.2d 275 (Minn. 1950). · cites it 15× “Whether appellants are correct in this contention *296 depends in large part upon the meaning to be given the word "resident" in § 525.54. Unlike the word "domicile," the word "resident" has not gained a generally accepted meaning.”

In Re Conservatorship of Kocemba, 429 N.W.2d 302 (Minn. Ct. App. 1988). · cites it 12× “Minn.Stat. § 525.54, subd. 1 (1986). The definition of an incapacitated person in the case of a conserva-torship of the person is: any adult person who is impaired to the extent of lacking sufficient understanding or capacity to make or communicate responsible personal…”

In re the Conservatorship of Edelman, 448 N.W.2d 542 (Minn. Ct. App. 1989). · cites it 17× “The court found the least restrictive alternative for Edelman’s protection to be appointment of a conservator of the person, including a protective arrangement under Minn.Stat. § 525.54, subd. 7 (1988), and denied the petition to appoint a conservator of her estate.”

In Re Conservatorship of Lundgaard, 453 N.W.2d 58 (Minn. Ct. App. 1990). · cites it 5× “result of the 1980 legislation and a subsequent amendment raising the burden of persuasion, the legislature provided that in a proceeding for the involuntary appointment of a conservator, there is a legal presumption of capacity and the burden of proof is on the petitioner to…”

Schmidt v. Hebeisen, 347 N.W.2d 62 (Minn. Ct. App. 1984). · cites it 2× “Minn.Stat. § 525.54(6) (1982). See generally Minn.”

In re Conservatorship of Edwards, 390 N.W.2d 300 (Minn. Ct. App. 1986). · cites it 6× “Minn.Stat. § 525.54 (1978). In 1980 the legislature deleted the portion of the statute that required residency.”

In Re the Guardianship of Mikulanec, 356 N.W.2d 683 (Minn. 1984). · cites it 2× “3 (1982), that an individual is “impaired to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person, and who has demonstrated deficits in behavior which evidence his inability to meet his needs for medical…”

In Re Conservatorship of Smith, 655 N.W.2d 814 (Minn. Ct. App. 2003). · cites it 4× “Following the four-day hearing, the district court concluded that conservatee was incapacitated and in need of a conservator under Minn.Stat. § 525.54 (2000). After making extensive factual findings, the district court determined that it would not be in conservatee’s best…”

In re Guardianship of D.M.S., 379 N.W.2d 605 (Minn. Ct. App. 1985). · cites it 10× “Minn.Stat. § 525.54, subd. 1 (1978). Subsequent to the guardian’s appointment, Minn.”

Kowalke v. Lutheran Welfare Soc'y, 46 N.W.2d 275 (Minn. 1950). · cites it 15× “Whether appellants are correct in this con *296 tention depends in large part upon the meaning to be given the word “resident” in § 525.54. Unlike the word “domicile,” the word “resident” has not gained a generally accepted meaning.”

In Re Pub. Conservatorship of Foster, 535 N.W.2d 677 (Minn. Ct. App. 1995). · cites it 2× “While appointment of a conservator under the general guardianship statute is not evidence of incompetency, Minn.Stat. § 525.54, subd. 5, the Public Guardianship for Adults with Mental Retardation Act specifically provides: An appointment of the commissioner as conservator shall…”

Johnson v. Johnson, 8 N.W.2d 620 (Minn. 1943). “1941, § 525.54 (Mason St. 1940 Supp. § 8992-129), appointed a guardian of his person and estate as an incompetent.”

Show all 17 citing cases →

— Minn. Stat. § 525.54(6) — 2 cases

Schmidt v. Hebeisen, 347 N.W.2d 62 (Minn. Ct. App. 1984). “Minn.Stat. § 525.54(6) (1982). See generally Minn.”

In re the Conservatorship of Edelman, 448 N.W.2d 542 (Minn. Ct. App. 1989). “The court found the least restrictive alternative for Edelman’s protection to be appointment of a conservator of the person, including a protective arrangement under Minn.Stat. § 525.54, subd. 7 (1988), and denied the petition to appoint a conservator of her estate.”

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