New Legislation Abolishes Statutory Immunity for Guardians Under the Probate Code

Much has been written about the flurry that was the 2024 legislative session; however, little-discussed amendments to the Minnesota Probate Code regarding guardianships warrant a close look. Specifically, the legislature abolished statutory immunity that had been in place for guardians since 1981—a significant change to Minnesota law on guardianships.

For context, a guardian is a person appointed by the court to have custody and make care and other non-financial decisions on behalf of a person subject to guardianship. Guardians, under the Probate Code, have “the duty to provide for the care, comfort, and maintenance needs of the person subject to guardianship ….” Minn. Stat. § 524.5-313(c)(2). Until the new legislation becomes effective on Aug. 1, 2024, a guardian may be removed for failing to satisfy this duty, “but the guardian shall have no personal or monetary liability ….”

In the 2022 case Zika v. Elder Care of Minnesota, the Minnesota Court of Appeals described this provision as providing a guardian statutory immunity from a negligence claim. 979 N.W.2d 472, 479. While a resident at an elder care facility, Jean Krause was the victim of a sexual assault. Naree Weaver, who was Krause’s guardian, was notified of the assault; however, Weaver did not seek, and Krause did not receive, trauma treatment related to the assault. The personal representative of Krause’s estate alleged that Weaver was negligent in her duties to provide for the “care, comfort, and maintenance needs of the person subject to guardianship.” The trial court dismissed the negligence claims, relying on the immunity provided by the then-current language of Minn. Stat. § 524.5-313.

On May 24, 2024, Governor Tim Walz signed legislation that abolished this immunity. The new legislation provides a cause of action to hold a guardian personally liable for any harm caused to a person subject to a guardianship due to the guardian’s “reckless or willful misconduct, or gross negligence.” A claim for ordinary negligence still appears to be prohibited by the statute.

Specifically, the new legislation amends Section 524.5-313(c)(2) to remove the sentence that had provided, “Failure to satisfy the needs and requirements of this clause shall be grounds for removal of a private guardian, but the guardian shall have no personal or monetary liability.” Instead, Section 524.5-315 has added subsection (f) to provide that “Failure to satisfy the duties of a guardian under section 524.5-313, paragraph (c), shall be grounds for removal of a private guardian, but the guardian shall not be held liable for acts or omissions made in the discharge of the guardian's duties except for acts or omissions that result in harm to the person subject to guardianship and that constitute reckless or willful misconduct, or gross negligence.” (Emphasis added.) This legislation will become effective on Aug. 1, 2024 and “applies to causes of action accruing on or after that date.”

It remains to be seen how courts will define “reckless or willful misconduct, or gross negligence” in the context of a guardian’s conduct. There may be questions whether the facts in Zika rose to “reckless or willful misconduct, or gross negligence.” Further, there may be questions as to how to apply this statute to guardians who were first appointed under the Probate Code when it promised guardians complete immunity. What is certain is that, after Aug. 1, 2024, Minnesota guardians should consider how this abolishment of statutory immunity might impact their decisions and conduct. Similarly, people who are subject to a guardianship—or their successor guardians—may consider whether they have been damaged by a guardian’s “reckless or willful misconduct, or gross negligence.”

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Maslon’s Trust & Estate Litigation and Estate Planning attorneys welcome your questions about guardianships and legal precedent in this often complex area of law.