§ 525.611

Matter of Blilie · 1992 2 citations

1984 Minn.Laws ch. 623, § 10 (emphasis added). The emphasized provision indicates the legislature's recognition that guardianships would continue to exist until terminated pursuant to the applicable provisions of the general guardianship statutes of chapter 525. Appellant was recommitted pursuant to a March 8, 1984 court order, but her guardianship was never terminated. Neither the repeal of the statute under which appellant's guardianship was commenced, Minn. Stat. § 525.753, subd. 2, nor the repeal of chapter 253A served to terminate appellant's guardianship. Only a petition for restoration of capacity under one of several relevant statutes would have this effect. See Minn. Stat. § 252A.19, subd. 2 (1990) (petition to remove public guardian and restore ward to capacity); Minn. Stat. § 525.61, subd. 1 (1990) (petition to restore person under guardianship to capacity); Minn. Stat. § 525.611 (1949) (petition to discharge Commissioner of Public Welfare as guardian) (repealed 1980 Minn.Laws ch. 493, § 40); Minn. Stat. § 525.78, subd. 5 (1949) (petition by director to restore person committed to guardianship to capacity) (repealed 1967 Minn.Laws ch. 638, § 22). Therefore, we hold appellant's guardianship remains in effect until, pursuant to a petition, a court orders that she is restored to capacity.

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