§ 3073. Change of residential placement
(a)(1) When a guardian who has been granted the power to choose or change the residence of
the person under guardianship pursuant to subdivision 3069(c)(1) of this title wishes to admit the person under guardianship to a nursing home or change the residential
placement of the person under guardianship from a private home to a boarding home,
residential care home, assisted living residence, group home, or other similar facility,
the guardian must first file a motion for permission to do so.
(2) For any other change of residence sought by a guardian who has been granted the power
to choose or change the residence of the person under guardianship pursuant to subdivision 3069(c)(1) of this title, the guardian shall give notice to all parties and to such other persons as the court
directs as soon as practicable prior to the change of placement.
(b)(1) In an emergency, a guardian who has been granted the power to choose or change the
residence of the person under guardianship pursuant to subdivision 3069(c)(1) of this title may change the residential placement of the person under guardianship without petitioning
the court for prior permission or without giving prior notice to parties. Immediately
after any emergency change in residential placement for which prior permission under
subsection (a) of this section would be required in the absence of an emergency, the
guardian shall file a motion for permission to continue the placement.
(2) Immediately after any emergency change of placement for which prior permission under
subsection (a) of this section is not required, the guardian shall give notice of
the change of placement to all parties and to such other persons as the court directs.
(3) Any party may request a hearing on a change in residential placement. The hearing
shall be set for the earliest possible date and shall be given precedence over other
probate matters.
(c) In a hearing on a change of placement, the court shall consider:
(1) the need for the change of placement;
(2) the appropriateness of the new placement;
(3) the wishes of the person under guardianship, if known; and
(4) whether the guardian has considered alternatives. (Added 1979, No. 76, § 15; amended 1985, No. 144 (Adj. Sess.), § 160; 1985, No. 151 (Adj. Sess.), § 14; 2005, No. 198 (Adj. Sess.), § 13, eff. May 30, 2006; 2007, No. 186 (Adj. Sess.), § 1.)