Delegation of power restriction by parent or guardian

A bill for an act

relating to family law; restricting delegation of power by parent or guardian;

amending Minnesota Statutes 2024, section 524.5-211.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 524.5-211, is amended to read:

524.5-211 DELEGATION OF POWER BY PARENT OR GUARDIAN.

(a) A parent, legal custodian, or nonprofessional guardian of a minor or incapacitated

person, by a properly executed power of attorney, may delegate to another person, for a

period not exceeding one year, any powers regarding care, custody, or property of the minor

or person subject to guardianship, except the power to consent to marriage or adoption of

a minor person subject to guardianship.

(b) A professional guardian of a minor or incapacitated person, by a properly executed

power of attorney, may delegate to another person, for a period not exceeding 30 days, any

powers regarding care, custody, or property of the minor or person subject to guardianship,

except the power to consent to marriage or adoption of a minor person subject to

guardianship. A professional guardian delegating parental rights under this paragraph must

submit the power of attorney to the court.

(c) A parent who executes a delegation of powers under this section must mail or give

a copy of the document to any other parent within 30 days of its execution unless:

(1) the other parent does not have parenting time or has supervised parenting time; or

(2) there is an existing order for protection under chapter 518B or a similar law of another

state in effect against the other parent to protect the parent, legal custodian, or guardian

executing the delegation of powers or the child.

(d) A parent, legal custodian, or guardian of a minor child may also delegate those powers

by designating a standby or temporary custodian under chapter 257B.

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(e) An individual delegating powers under this section must be a United States citizen.

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(f) An individual to whom any powers are delegated in paragraph (a) or (b) must not

have been charged with or convicted of a crime against a minor. "Crime against a minor"

means conduct that constitutes a violation of section 609.185, 609.19, 609.195, 609.20,

609.205, 609.2112, 609.2113, 609.2114, 609.215, 609.221, 609.222, 609.223, 609.342,

609.343, or 609.345, or a felony violation of section 609.377.

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