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 Enacted Bill SF3357
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
- S.F. 2934, 93rd Leg., Reg. Sess. (Minn. 2023)
- Description: Authorizes the commissioner of human services to award general operating grants to nonprofit organizations, counties, and Tribes to provide and promote supported decision-making. The grant is for $4,000,000 to be available until June 30, 2025.
- Status: Enacted May 24, 2023.
- 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.
- MN ST § 363A.50
- Description: Allows for the use of supported decision making regarding organ transplantations.
- Status: Effective July 1, 2022
None found
- H.B. 1080, 92d Leg., Reg. Sess. (Minn. 2021)
- Description: Provides for equal access to anatomical gifts & organ transplantation, including supported decision-making as an auxiliary aid or service.
- Status: Failed on March 23, 2021 (Last returned to Commerce Finance and Policy Committee).
- S.B. 875, 92d Leg., Reg. Sess. (Minn. 2021)
- Description: Companion bill to H.B. 1080, 92d Leg., Reg. Sess. (Minn. 2021)
- Status: Failed on May 3, 2021 (Last returned to Health and Human Service Finance and Policy Committee).
- H.B. 1030, 92d Leg., Reg. Sess. (Minn. 2021)
- Description: Omnibus bill including the same provision as in H.B. 1080, 92d Leg., Reg. Sess. (Minn. 2021).
- Status: Failed on April 9, 2021 (Last referred to Ways and Means Committee)
- S.B. 2360, 92d Leg., Reg. Sess. (Minn. 2021)
- Description: Omnibus bill including the same provision as in H.B. 1080, 92d Leg., Reg. Sess. (Minn. 2021).
- Status: Failed on April 28, 2021 (Last amended following second reading in Senate).
- H.B. 1653 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 supported decision-making, are insufficient before imposing public guardianship; redefines a Person with a Developmental Disability to include an individual over 18 who is (2) unable to meet personal needs for medical care, nutrition, clothing, shelter, or safety, even with appropriate technological and supported decision-making assistance.
- Status: Failed on March 9, 2021 (Last referred to Human Services Finance and Policy Committee).
- S.B. 1671, 92d Leg., Reg. Sess. (Minn. 2021)
- Description: Companion bill to H.B. 1653 92d Leg., Reg. Sess. (Minn. 2021)
- Status: Failed on March 17, 2021 (Last referred to Human Services Finance and Policy Committee).
- H.B. 1532, 92d Leg., Reg. Sess. (Minn. 2021)
- Description: Modifies human services community support provisions, including the requirement that the court find that SDM is 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.
- Status: Failed on April 9, 2021 (Last returned to Human Services Finance and Policy Committee).
- S.B. 1801, 92d Leg., Reg. Sess. (Minn. 2021)
- Description: Companion bill to H.B. 1532, 92d Leg., Reg. Sess. (Minn. 2021).
- Status: Failed on Marcy 4, 2021 (Last referred to Human Services Reform Finance and Policy)
- H.B. 1510, 92d Leg., Reg. Sess. (Minn. 2021)
- Description: Modifies community supports, including the requirement that the court find that supported decision-making is insufficient before imposing public guardianship, and redefines Person with a Developmental Disability to include an individual over 18 who is (2) unable to meet personal needs for medical care, nutrition, clothing, shelter, or safety, even with appropriate technological and supported decision-making assistance.
- Status: Failed on February 25, 2021 (Last referred to Human Services Finance and Policy Committee).
- S.B. 1414, 92d Leg., Reg. Sess. (Minn. 2021)
- Description: Companion bill to H.B. 1510, 92d Leg., Reg. Sess. (Minn. 2021)
- Status: Failed on February 25, 2021 (Last referred to Human Services Finance and Policy Committee).
- S.F. 4058, 91st Leg., Reg. Sess. (Minn. 2020)
- Description: Appropriates money for supported decision-making.
- Status: Failed on March 12, 2020 (Last re-referred to Senate Committee on Human Services Reform Finance and Policy).
- 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 on March 4, 2019 (Last sent to House Committee on Health and Human Services Policy).
- S.F. 2570, 91st Leg., Reg. Sess. (Minn. 2019)
- Description: Companion bill to HF 2060.
- Status: Failed on March 18, 2020 (Last sent to Senate Committee on Human Services Reform Finance and Policy).
- 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 on March 18, 2019 (Last passed by House Committee on Health and Human Services Policy and in House for second reading).
- S.F. 2355, 91st Leg., Reg. Sess. (Minn. 2019)
- Description: Companion bill to HF 2305.
- Status: Failed on March 11, 2019 (Last referred to Human Services Reform Finance and Policy).
Case Law & Court Orders
- In Re Guardianship of Alcenat, 2022 WL 1532406 (Minn. Ct. App. 2022)
- Description: District court did not abuse its discretion when they appointed a guardianship, after considering supported decision-making but finding that supported decision-making would not work because of “Alcenat’s extreme vulnerability, noncompliance with psychiatric treatment in the past, severe disorganization, and inability to make complex decisions.”
- 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).
- In Re the Guardianship and Conservatorship of Powers, 14-PR-23-998 (Minn. App. July 8, 2024)
- Description: NOTE: This is a nonprecedential, unpublished from Court of Appeals of Minnesota. Brian Powers appeals a district court order appointing him a guardian. Powers argues that the district court clearly erred when it determined that he is an incapacitated person and no less-restrictive means, including supported decision making, could meet his needs.
- In re Guardianship of Dale Carl Luepke, Jr., 14-PR-23-998 (Minn. App. Nov. 21, 2022)
- Description: NOTE: This is a nonprecedential, unpublished from Court of Appeals of Minnesota. Affirms that the district court did not abuse its discretion in concluding that the record did not provide a basis to terminate or modify Luepke’s guardianship.
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.
- State Grantee: Minnesota Judicial Branch
- Summary: Administration for Community Living Awarded an undisclosed amount (a portion of 1.8M block grant to protect people under or at risk of guardianship) on Sept. 13, 2024 to Minnesota Judicial Branch to improce access to information on supported decision-making and alternatives to guardianship.
Other Resources
- Minnesota Department of Human Services, Introduction and Guide to Supported Decision-Making YouTube Video Series
- Website: Center for Excellence in 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
- Powerpoint slides: Supported Decision-Making: Protecting Rights, Ensuring Choices
- Publication: Center for Excellence in Supported Decision Making Guide to SDM in Minnesota: A Resource for Families and Other Supporters
- Website, Guide & Resource List: Disability Hub MN, Decision Making
Information Last Updated: January 24, 2025