Changes protecting wards

A bill of rights for wards and protected persons could be placed in state statute.

That is just one of the provisions in a bill that makes changes related to guardians and conservators.

Sponsored by Rep. Paul Thissen (DFL-Mpls) and Sen. Mee Moua (DFL-St. Paul), HF804*/SF951 was approved 131-0 by the House May 8 and awaits action by the full Senate.

“We have 22,000 Minnesotans under guardianship or conservatorship, and that is going to increase as we go forward,” Thissen said. He noted the bill also addresses accountability and transparency in the system.

Thissen said the bill:

• establishes conflict of interest rules for attorneys that represent guardians and wards;

• puts more eyes on these transactions with an ombudsman being more involved, along with more interested persons; and

• creates the bill of rights that would contain provisions in current law, but put them in one place.

Among the 14 listed rights that must be enforced by the court are: treatment with dignity and respect; due consideration of personal desires, medical preferences and religious beliefs; personal privacy; and timely and appropriate health care “that does not violate known conscientious, religious, or moral beliefs of the ward or protected person.”

Thissen said there was concern about communication and visitation among persons.

“The language that we’ve worked out leaves the control now with the guardian or conservator as opposed to the ward or the protected person. It strikes a little more nuanced balance, but the guardian/conservator still retains those rights. That’s the primary change in law.”