Minnesota
Overview
Minnesota codified supported decision-making as a less restrictive alternative to guardianship throughout its Probate Code in 2021. There have also been repeated attempts to pass legislation recognizing supported decision-making as an aid and service to organ transplant patients with disabilities, but those efforts have not been successful to date. We are aware of only one case applying the new law and determining that supported decision-making was not an available alternative to guardianship. Other cases, decided before the probate code was changed in 2021, affirmed the right to less restrictive alternatives to guardianship.
Guardianship Laws
Minn. Stat. Ann. §§ 252A.01 to .21 (Regarding Individuals with Developmental Disabilities); 524.5-101 to -120; 524.5-301 to -903
Supported Decision-Making
Supported Decision-Making Statute
- Codified in scattered sections of the Minnesota Uniform Probate Code. Most relevant provisions:
- Minn. Stat. §§ 524.5-102 (16) (a), -310, -409 (2020).
- Link to Minnesota Code Sections:
- https://www.revisor.mn.gov/statutes/cite/524.5-102
- https://www.revisor.mn.gov/statutes/2020/cite/524.5-310
- https://www.revisor.mn.gov/statutes/2020/cite/524.5-409
- Link to Enacted Bill: www.revisor.mn.gov/bills/text.php?number=SF3357&version=latest&session=ls91&session_year=2020&session_number=0
State Legislation
- S.F. 3357, 91st Leg., Reg. Sess. (Minn. 2020)
- Description: Recognizes Supported Decision-Making as a less-restrictive option that courts must specifically find will not work before appointing a guardian.
- Status: Enacted May 16, 2020
- Public Link: [https://www.revisor.mn.gov/bills/text.php?number=SF3357&version=latest&session=ls91&session_year=2020&session_number=0]
- H.B. 1080, 92d Leg., Reg. Sess. (Minn. 2021) & companion bill S.B. 875, 92d Leg., Reg. Sess. (Minn. 2021)
- Description: Provides for equal access to anatomical gifts & organ transplantation, includes SDM as an auxiliary aid or service.
- Status: Engrossed, read for the second time in both houses, passed out of committee with an Adopt as Amended recommendation in House on 03/23/2021 and out of committee with an Adopt as Amended recommendation in Senate on 03/17/2021.
- Link: www.revisor.mn.gov/bills/text.php?number=HF1080&version=latest&session=92&session_number=0&session_year=2021
- Returned to Commerce finance and Policy on 3/23/2021
- This provision also included in two pending omnibus bills:
- H.B. 1030, 92d Leg., Reg. Sess. (Minn. 2021), a judiciary finance bill (SDM provision NOT included in related S.B. 970);
- Public Link: https://www.revisor.mn.gov/bills/bill.php?b=House&f=HF1030&ssn=0&y=2021
- Status: To adopt as amended and re-refer to Ways and Means 04/09/2021.
- H.B. 1030, 92d Leg., Reg. Sess. (Minn. 2021), a judiciary finance bill (SDM provision NOT included in related S.B. 970);
- S.B. 2360, 92d Leg., Reg. Sess. (Minn. 2021), an omnibus health and human services policy and finance bill (SDM provision NOT included in related H.B. 2128);
- Public Link: https://www.revisor.mn.gov/bills/bill.php?b=Senate&f=SF2360&ssn=0&y=2021
- Status: Returned to Health and Human Services Finance and Policy 05/03/2021
- S.B. 2360, 92d Leg., Reg. Sess. (Minn. 2021), an omnibus health and human services policy and finance bill (SDM provision NOT included in related H.B. 2128);
- H.B. 1653 92d Leg., Reg. Sess. (Minn. 2021) & companion bill S.B. 1671, 92d Leg., Reg. Sess. (Minn. 2021)
- Description: Among other provisions, clarifies public guardianship for a person with a developmental disability to include supported decision making and the requirement that the court find that less restrictive alternatives including SDM are insufficient before imposing public guardianship. Also redefines Person with a Developmental Disability to include an individual over 18 who is (2) is unable to meet personal needs for medical care, nutrition, clothing, shelter, or safety, even with appropriate technological and supported decision-making assistance.
- Status House Bill: Engrossed, House Committee report recommends to pass as amended, re-referred to Committee on Human Services Reform Finance and Policy on 03/09/2021.
- Status Senate Bill: Engrossed, Senate Committee report recommends to pass as amended, re-referred to Committee on Human Services Reform Finance and Policy on 03/17/2021.
- Public Link House Bill: https://www.revisor.mn.gov/bills/bill.php?b=House&f=HF1653&ssn=0&y=2021
- No status change on the House Bill as of 09/17/2021
- Public Link Senate Bill: https://www.revisor.mn.gov/bills/bill.php?b=Senate&f=SF1671&ssn=0&y=2021
- No status change on the Senate Bill as of 09/17/2021
- H.B. 1532, 92d Leg., Reg. Sess. (Minn. 2021) & companion bill S.B. 1801, 92d Leg., Reg. Sess. (Minn. 2021)
- Description: Modifies (among other provisions) human services community support provisions including the requirement that the court find that less restrictive alternatives including SDM are insufficient before imposing public guardianship, and redefines Person with a Developmental Disability to include an individual over 18 who is (2) is unable to meet personal needs for medical care, nutrition, clothing, shelter, or safety, even with appropriate technological and supported decision-making assistance. (Note: this bill, in terms of SDM legislation, is very similar to H.B. 1653 & S.B. 1671).
- Status House Bill: Second Reading, 04/09/2021.
- Status Senate Bill: Referred to Committee on Human Services Reform Finance and Policy, 03/04/2021.
- Public Link House Bill: https://www.revisor.mn.gov/bills/bill.php?b=House&f=HF1532&ssn=0&y=2021
- No status change on the House Bill as of 09/17/2021
- Public Link Senate Bill: https://www.revisor.mn.gov/bills/bill.php?b=Senate&f=SF1801&ssn=0&y=2021
- No status change on the Senate Bill as of 09/17/2021
- H.B. 1510, 92d Leg., Reg. Sess. (Minn. 2021) & companion bill S.B. 1414, 92d Leg., Reg. Sess. (Minn. 2021).
- Description: Modifies (among other provisions) community supports including the requirement that the court find that less restrictive alternatives including SDM are insufficient before imposing public guardianship, and redefines Person with a Developmental Disability to include an individual over 18 who is (2) is unable to meet personal needs for medical care, nutrition, clothing, shelter, or safety, even with appropriate technological and supported decision-making assistance. (Note: this bill, in terms of SDM legislation, is very similar to H.B. 1532 & S.B. 1801).
- SDM text also included in omnibus human services reform budget bill S.B. 383, 92d Leg., Reg. Sess. (Minn. 2021).
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- Public Link: [https://www.revisor.mn.gov/bills/bill.php?b=Senate&f=SF0383&ssn=0&y=2021]
- SDM text also included in omnibus human services reform budget bill S.B. 383, 92d Leg., Reg. Sess. (Minn. 2021).
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- Status House Bill: Introduced, first reading and referred to the committee on Human Services Finance and Policy on 02/25/2021.
- Status Senate Bill: Introduced, first reading and referred to the committee on Health and Human Services Finance and Policy on 02/24/2021.
- Public Link House Bill: [https://www.revisor.mn.gov/bills/bill.php?b=House&f=HF1510&ssn=0&y=2021]
- Public Link Senate Bill: [https://www.revisor.mn.gov/bills/bill.php?b=Senate&f=SF1414&ssn=0&y=2021]
- Description: Modifies (among other provisions) community supports including the requirement that the court find that less restrictive alternatives including SDM are insufficient before imposing public guardianship, and redefines Person with a Developmental Disability to include an individual over 18 who is (2) is unable to meet personal needs for medical care, nutrition, clothing, shelter, or safety, even with appropriate technological and supported decision-making assistance. (Note: this bill, in terms of SDM legislation, is very similar to H.B. 1532 & S.B. 1801).
- S.F. 4058, 91st Leg., Reg. Sess. (Minn. 2020).
- Description: Appropriates money for supported decision-making
- Status: Failed – Last action – Re-referred to Senate Committee on Human Services Reform Finance and Policy, 3/12/2020
- Public Link: [https://www.revisor.mn.gov/bills/bill.php?f=SF4058&y=2020&ssn=0&b=senate#actions]
- H.F. 2060, 91st Leg., Reg. Sess. (Minn. 2019).
- Description: Recognizes Supported Decision-Making Agreements in the definition of a “primary support person” for a “vulnerable adult” in investigations of suspected maltreatment.
- Status: Failed, Last Action – To House Committee on Health and Human Services Policy on March 4, 2019.
- Public Link: [https://www.revisor.mn.gov/bills/bill.php?b=House&f=HF2060&ssn=0&y=2019]
- S.F. 2570, 91st Leg., Reg. Sess. (Minn. 2019).
- Description: Companion bill to HF 2060.
- Status: Failed, Last Action – To Senate Committee on Human Services Reform Finance and Policy on March 18, 2020.
- Public Link: [https://www.revisor.mn.gov/bills/bill.php?b=Senate&f=SF2570&ssn=0&y=2019]
- H.F. 2305, 91st Leg., Reg. Sess. (Minn. 2019).
- Description: Recognizes Supported Decision-Making Agreements in the definition of a “primary support person” for a “vulnerable adult” in investigations of suspected maltreatment.
- Status: Failed, Last Action – Passed by House Committee on Health and Human Services Policy and in House for second reading on March 18, 2019.
- Public Link: [https://www.revisor.mn.gov/bills/bill.php?b=House&f=HF2305&ssn=0&y=2019]
- S.F. 2355, 91st Leg., Reg. Sess. (Minn. 2019).
- Description: Companion bill to HF 2305.
- Status: Failed, Last Action – Referred to Human Services Reform Finance and Policy on March 11, 2019.
- Public Link: [https://www.revisor.mn.gov/bills/bill.php?f=SF2355&y=2019&ssn=0&b=senate]
Case Law & Court Orders
- Order Terminating Guardianship and Discharging Guardian, Court File No. 70-1995-07327, (1st Judicial District Court, Probate Division, County of Scott, MN, 4/16/19)
- Harris on behalf of Banks v. Gellerman, 954 N.W.2d 604 (Minn. Ct. App. 2021) (reversing harassment restraining orders (HRO) granted on behalf of guardian and individual by guardian upon finding that the lower court abused its discretion by granting the HRO after hearing only from guardian and the subject of the HROs, but not from the individual, as well as by not properly considering the individual’s bill of rights of persons subject to guardianship).
Link: mn.gov/law-library-stat/archive/ctappub/2021/OPa200527-012521.pdf
(search completed 09/21/2021)
State Grant Programs
- 2018/2019 State Grantee: Volunteers of American Minnesota (www.voamn.org)
- Summary: The Center for Excellence in Supported Decision-Making Project, led by Volunteers of America Minnesota, provided educational presentations to communities in Greater Minnesota that are otherwise unable to fund the costs of such trainings, especially those who are geographically isolated and require overnight travel and/or web-based educational sessions. These trainings provided essential information and tools to promote Supported Decision-Making; increase understanding about the pitfalls of overutilizing guardianship; and teach how to advocate for this SDM approach with medical, educational, and social service professionals. In collaboration with external advocacy organizations, the project hosted listening sessions to ensure people directly impacted by guardianship and other decision-making options have a seat at the table in promoting SDM in Minnesota, something that has been missing to date. The project invited stakeholders to help formulate additional listening session structures and facilitate the listening sessions, according to their comfort level and interest. The goal was to promote SDM practices to reduce the over-reliance on guardianship.
- Final Report
- CESDM Guide to Supported Decision Making in Minnesota: A Resource for Families and Other Supporters
- Contact: Anita Raymond, LISW, CMC, Program Director, Volunteers of America Minnesota, araymond@voamn.org, 952-945-4172.
Other Resources
- Minnesota Department of Human Services, Introduction and Guide to Supported Decision-Making YouTube Video Series
Link: www.supporteddecisionmaking.org/node/432 - Website: Center for Excellence in Supported Decision Making
Link: https://www.voamnwi.org/center-excellence-supported-decision-making
In 2016, Volunteers of America Minnesota and Wisconsin opened this Center with funding provided by an Elder Justice Grant through the Administration of Community Living. The central focus of the grant is developing and establishing a replicable statewide model based on SDM to promote safe and viable alternatives to guardianship and conservatorship in Minnesota. - Minnesota WINGS grant and 2015/2016 WINGS report (focusing on education and outreach, less restrictive alternatives to guardianship, and monitoring and oversight of guardianships; accomplishments included holding summit meetings and webinars on supported decision-making and creating a website with information on the WINGS movement, evaluating when guardianship is appropriate, and discussing alternatives to guardianship and conservatorship)
- Website: Minnesota WINGS Supported Decision Making
Link: wingsmn.org/supported-decision-making - Powerpoint slides: Supported Decision-Making: Protecting Rights, Ensuring Choices
Link: www.dhs.state.mn.us/main/groups/county_access/documents/pub/dhs-287219.pdf - Publication: Center for Excellence in Supported Decision Making Guide to SDM in Minnesota: A Resource for Families and Other Supporters
Link: voa-production.s3.amazonaws.com/uploads/pdf_file/file/3208/CESDM_Guide_To_SDM_Final_Revised.pdf - Website, Guide & Resource List: Disability Hub MN, Decision Making
Link: disabilityhubmn.org/your-options/independence/decision-making/
(search completed 04/17/2021)
Information Last Updated: July 21, 2022