A bill that would tighten the screening and oversight of guardians and conservators was introduced in the Minnesota House this week, with a Senate bill reportedly on the way on Thursday. Here’s the text of the bill, which expands upon the recommendations of a study group’s report last month. You can track the progress of the bill through the Legislature’s handy bill search - just type the bill number, 804, in the box. What’s new in the bill is underlined - everything else is existing law.

Here’s the bill’s 15-point bill of rights for wards and protected persons:

The ward or protected person retains all rights not restricted by court order and these rights must be enforced by the court. These rights include the right to:
(1) treatment with dignity and respect;
(2) due consideration of current and previously stated personal desires, medical treatment preferences, religious beliefs, and other preferences and opinions in decisions
made by the guardian or conservator;
(3) receive timely and appropriate health care and medical treatment that does not violate known conscientious, religious, or moral beliefs of the ward or protected person;
(4) exercise control of all aspects of life not delegated specifically by court order
to the guardian or conservator;
(5) guardianship or conservatorship services individually suited to the ward or protected person’s conditions and needs;
(6) petition the court to prevent or initiate a change in abode;
(7) care, comfort, social and recreational needs, training, education, habilitation, and rehabilitation care and services, within available resources;
(8) be consulted concerning, and to decide to the extent possible, the reasonable care and disposition of the ward or protected person’s clothing, furniture, vehicles, and
other personal effects, to object to the disposition of personal property and effects, and to petition the court for a review of the guardian’s or conservator’s proposed disposition;
(9) bodily privacy;
(10) unimpeded communication and visitation with persons of the ward or protected person’s choice;
(11) marry and procreate, unless court approval is required, and to consent or object to sterilization as provided in section 524.5-313, paragraph (c), clause (4), item (iv);
(12) make a will, unless restricted by the court;
(13) petition the court for termination or modification of the guardianship or conservatorship or for other appropriate relief;
(14) be represented by an attorney in any proceeding or for the purpose of petitioning the court; and
(15) vote, unless restricted by the court.

It’s entirely coincidental that Rep. Paul Thissen’s bill was filed the day after my story about Peggy Greer and her costly two years under a guardian and conservator. Some of you have wondered how I calculated the $672,808 figure featured in the headline and story about Peggy Greer. I used the five accountings of Greer’s conservatorship expenses, filed by Wells Fargo from March 2006 through October 2007 and approved by Hennepin County Probate Referee Richard Wolfson. My calculations showed that Wells Fargo spent $624,419 of Greer’s money and an additional $48,388 that Greer owes, after the court entered it as a judgment against her. As a result of the reverse mortgage, Wells Fargo also owns most of the equity of Greer’s house in Excelsior. Here are some of the larger expenditures:

Hillcrest (nursing home): $130,421.63
Attorney’s fees: $124,143
Settlement of prior mortgage: $112,586
Home health care (Agewell and Matrix): $73,841

This entry was posted on Wednesday, February 18th, 2009 at 10:52 am and is filed under Civil liberties, Seniors. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.