Elder law statutes help protect older adults from abuse, neglect and other dangers. Laws addressing the needs of older adults are how people pursue guardianships or conservatorships when an older adult becomes incapacitated. They provide the basis for interventions in cases involving elder abuse. They also help protect those living in nursing homes.
Minnesota lawmakers regularly revisit existing elder law statutes and update them based on the current needs of older adults across the state. Three important recent changes to elder law statutes in Minnesota are worth understanding for both older adults and their family members.
1. Conservatorship and guardianship reform
Many older adults worry about people abusing conservatorships or guardianships to take control of their property and their lives. New regulations now impose additional restrictions on emergency guardianship requests in particular.
The law now also requires that guardians provide advance notice to their wards before imposing new restrictions on their lives or finances. Additionally, the law now establishes communication rights for those under guardianships. Their guardians cannot restrict their access to electronic communications or prevent them from visiting and interacting with others.
Statutory changes have also created higher levels of personal liability for gross negligence, recklessness and willful misconduct while caring for a vulnerable adult.
2. Exploitation rules
A new law that takes effect in 2026 helps support older adults facing financial exploitation. The courts can now intervene much more quickly to freeze assets and stop the ongoing financial manipulation and exploitation of older adults.
Previously, it could take weeks for the courts to freeze assets and intervene. Now, they can potentially act within days or hours. Older adults and their loved ones can also now turn to the civil courts for protection from financial abuse by requesting a civil protective order.
3. New rules for assisted living
Updates to laws regarding assisted living facilities and the people residing there help protect people who are at their most vulnerable. In scenarios where an older adult previously paid for their own room and must switch to public assistance, the facility can no longer terminate their contract due to that change.
Additionally, contracts with assisted living facilities can no longer include mandatory arbitration clauses. If ownership of an assisted living facility changes, the new owners must uphold the contracts previously executed with residents. There are also now improved standards for both dementia care and overall staffing in assisted living facilities.
Being aware of critical changes to Minnesota laws can help older adults and their loved ones address misconduct and abuse. Those experiencing nursing home neglect, financial abuse or inappropriate conduct in a guardianship may need the support of an elder law attorney, and that’s okay.