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HF 4187

Terms of a delegation of parental authority modified.

2025-2026 Regular Session Introduced by Kaela Berg and 1 co-sponsor

The bill allows nonprofessional guardians to delegate custody or care powers for up to 3 years, up from 1 year, with notice to the other parent and a key exception for marriage/ado

Introduction and first reading, referred to Judiciary Finance and Civil Law
#childrenandminors #children-custodyandsupport #courts
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Bill Summary · HF 4187

Summary of HF 4187 (2025-2026) – Terms of a Delegation of Parental Authority Modified

Purpose and Intent

HF 4187 revises Minnesota law governing delegations of parental authority and related powers. The bill modifies the maximum duration for delegations by a parent, legal custodian, or nonprofessional guardian, as well as certain provisions for professional guardians and notice requirements. The overarching goal is to clarify and adjust how long delegated powers may be held and under what conditions, while preserving protections related to marriage/adoption and safeguarding affected parties.

Key Provisions and Changes

  • ** delegation duration by nonprofessional parties (parents, custodians, guardians):**

    • Current language (prior to amendment): a delegation of powers may last up to one year.
    • Updated language: the delegation may last up to three years.
    • Scope: Applies to powers regarding the care, custody, or property of a minor or a person subject to guardianship.
    • Critical exception: cannot delegate the power to consent to marriage or adoption of a minor.

  • ** delegation by professional guardians (for a minor or incapacitated person):**

    • The delegation could be for up to 30 days.
    • The delegation must be in a properly executed power of attorney.
    • The professional guardian must submit the power of attorney to the court.

  • ** notice to other parent:**

    • A parent who executes a delegation must mail or provide a copy to the other parent within 30 days of execution.
    • Exceptions to notice:
    • If the other parent does not have parenting time or has supervised parenting time.
    • If there is an existing order for protection (chapter 518B) or a similar protective order from another state against the other parent to protect the executing parent, custodian, or guardian or the child.

  • ** alternate delegation option:**

    • A parent, legal custodian, or guardian may delegate powers by designating a standby or temporary custodian under chapter 257B (standby/temporary guardianship provisions).

  • Effective date:

    • The section becomes effective the day after final enactment and applies to any delegation signed before, on, or after that date.

Who Would Be Affected

  • Parents and guardians (nonprofessional): Those who execute delegated powers over a minor or incapacitated person’s care, custody, or property.
  • Professional guardians: Individuals acting as guardians who may delegate powers, with a shorter maximum duration and court submission requirement.
  • Other parent and household members: The notice requirement ensures the other parent is informed unless exemptions apply.
  • Court system: Court review is triggered for professional guardians’ delegated power disclosures.

Procedural and Timeline Aspects

  • Duration windows:
    • Nonprofessional delegation: up to 3 years.
    • Professional guardian delegation: up to 30 days, with court submission.
  • Notice requirements: 30 days to inform the other parent, with specific exceptions.
  • Protection considerations: Notice exemptions tied to parenting time arrangements and protective orders.
  • Effective date: Immediately after final enactment, retroactively applicable to signatures dated before or after enactment.

Notes

  • The bill preserves the prohibition on delegating the power to consent to marriage or adoption.
  • The text indicates standard “new text” additions and “deleted text” reductions, reflecting typical bill markup.

If you’d like, I can provide a concise one-page briefing matrix (purpose, who’s affected, timing, and notable safeguards) or compare HF 4187 to current statute with a side-by-side table.

Compiled from official sources — confirm details with the bill’s official record.

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