HF4150 (Legislative Session 94 (2025-2026))
Delegation of power by parent or guardian restricted.
AI Generated Summary
Purpose
Clarify and tighten how a parent, legal custodian, or guardian may delegate some powers over a minor or incapacitated person to another person using a power of attorney. The bill sets time limits, adds safeguards, and strengthens protections to prevent misuse or abuse of delegated authority.
Main Provisions
Delegation of powers limit
- Nonprofessional parents or guardians may delegate powers for care, custody, or property for up to one year.
- Professional guardians may delegate for up to 30 days.
- In all cases, the delegated powers cannot include the right to consent to marriage or adoption of the minor.
Oversight and court involvement
- If a professional guardian delegates parental rights, they must submit the power of attorney to the court.
Notice to co-parents
- The delegating parent must mail or give a copy of the delegation to the other parent within 30 days, unless the other parent has no parenting time, has supervised parenting time, or there is an existing protection order.
Standby or temporary guardians
- A delegation can also be done by designating a standby or temporary custodian under another Minnesota law (chapter 257B).
Eligibility and safeguards for delegates
- Delegates must be United States citizens.
- Delegates may not have been charged with or convicted of a crime against a minor.
Definition of crime against a minor
- The bill defines “crime against a minor” to include certain listed offenses (specific Minnesota statutes), including felony violations, with a set of referenced sections (e.g., sections found in the 609.xx range).
Significant Changes to Existing Law
- Establishes explicit time caps on delegated powers (one year for most, 30 days for professional guardians).
- Requires court submission for professional guardians who delegate parental rights.
- Creates mandatory notification to the other parent within 30 days, with defined exceptions.
- Introduces citizenship and criminal-history restrictions for delegates.
- Incorporates standby/temporary custody mechanisms and references to related chapters (257B, 518B) for relevant processes and protections.
- Broadly narrows or refines what powers can be delegated (excluding consent to marriage/adoption) to protect minors and incapacitated persons.
How It Works in Practice
- A parent or guardian uses a power of attorney to temporarily transfer control over a child’s or incapacitated person’s care, custody, or property, within the specified time limits.
- The delegation requires safeguards (court review for professional guardians, notification to the other parent, citizenship, and no minor-related crimes by the delegate) to minimize risk to the child or incapacitated person.
- If a professional guardian needs to delegate, they must involve the court; other delegations must follow notice and eligibility rules.
Compliance Considerations
- Ensure any delegation complies with the one-year (or 30-day) cap.
- If you’re a professional guardian, file the power of attorney with the court.
- Provide timely notice to the other parent unless an exception applies.
- Verify the delegate’s citizenship status and criminal history related to crimes against minors.
- Confirm that the delegation does not authorize marriage or adoption of the minor, and consider fallback options like standby custody if needed.
Relevant Terms - power of attorney - delegation of powers - parent - legal custodian - nonprofessional guardian - professional guardian - minor - incapacitated person - care custody or property - marriage or adoption (consent prohibition) - United States citizen - crime against a minor - Chapter 518B (protection orders) - Chapter 257B (standby/temporary custodian) - court submission/filing - notice to other parent - guardianship - consent to marriage or adoption (excluded) - protective orders and related safeguards
Bill text versions
- Introduction PDF PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 12, 2026 | House | Action | Introduction and first reading, referred to | Judiciary Finance and Civil Law |
Citations
[
{
"analysis": {
"added": [
"A parent, legal custodian, or nonprofessional guardian may delegate powers for a period not exceeding one year (except for marriage or adoption).",
"A professional guardian may delegate powers for a period not exceeding 30 days (except for marriage or adoption).",
"A delegated document must be mailed or given to the other parent within 30 days unless protected by lack of parenting time, supervised parenting time, or an existing order for protection.",
"A parent/legal custodian or guardian may designate a standby or temporary custodian under chapter 257B.",
"The delegator must be a United States citizen.",
"The delegatee must not have been charged with or convicted of a crime against a minor, defined by listing specific statute sections."
],
"removed": [],
"summary": "This bill amends Minn. Stat. 524.5211 (Delegation of Power by Parent or Guardian) to restrict and structure delegation of powers by a parent, guardian, or professional guardian.",
"modified": [
"Overall modification to the delegation of powers provisions, including time limits, notice requirements, custodial designation options, citizenship, and background restrictions."
]
},
"citation": "524.5211",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill references protection orders under chapter 518B in the context of protecting a parent, guardian, or child during delegation; no direct changes to 518B are enacted.",
"modified": []
},
"citation": "518B",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill references the possibility of designating a standby or temporary custodian under chapter 257B as part of delegation of powers.",
"modified": []
},
"citation": "257B",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This statute is cited as part of the definition of crime against a minor within the bill.",
"modified": []
},
"citation": "609.185",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This statute is cited as part of the definition of crime against a minor within the bill.",
"modified": []
},
"citation": "609.19",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This statute is cited as part of the definition of crime against a minor within the bill.",
"modified": []
},
"citation": "609.195",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This statute is cited as part of the definition of crime against a minor within the bill.",
"modified": []
},
"citation": "609.20",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This statute is cited as part of the definition of crime against a minor within the bill.",
"modified": []
},
"citation": "609.205",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This statute is cited as part of the definition of crime against a minor within the bill.",
"modified": []
},
"citation": "609.2112",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This statute is cited as part of the definition of crime against a minor within the bill.",
"modified": []
},
"citation": "609.2113",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This statute is cited as part of the definition of crime against a minor within the bill.",
"modified": []
},
"citation": "609.2114",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This statute is cited as part of the definition of crime against a minor within the bill.",
"modified": []
},
"citation": "609.215",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This statute is cited as part of the definition of crime against a minor within the bill.",
"modified": []
},
"citation": "609.221",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This statute is cited as part of the definition of crime against a minor within the bill.",
"modified": []
},
"citation": "609.222",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This statute is cited as part of the definition of crime against a minor within the bill.",
"modified": []
},
"citation": "609.223",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This statute is cited as part of the definition of crime against a minor within the bill.",
"modified": []
},
"citation": "609.342",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This statute is cited as part of the definition of crime against a minor within the bill.",
"modified": []
},
"citation": "609.343",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This statute is cited as part of the definition of crime against a minor within the bill.",
"modified": []
},
"citation": "609.345",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This statute is cited as part of the definition of crime against a minor within the bill as involving a felony.",
"modified": []
},
"citation": "609.377",
"subdivision": ""
}
]Progress through the legislative process
In Committee