• Skip to primary navigation
  • Skip to main content
  • Skip to footer

Minnesota Council On Disability

Your Policy, Training and Technical Resource

Search

  • About
    • About MCD
    • Additional Information
    • Annual Agency Reports
    • Governing Council
    • Our Mission
    • Staff
    • Statute & Responsibilities
  • Blog & News
    • Blog
    • MCD in the News
  • Guardianship Task Force
    • About the Task Force
    • Meeting Minutes
  • Public Policy
    • About Our Public Policy
    • MCD 2025 Legislative Agenda
    • Bill Tracker
    • Legislative Updates
    • Public Policy Letters
    • Advocate for Legislation
  • Technical Assistance
    • Access for Businesses
    • Accessible Housing
    • Digital Accessibility
    • Disability Parking
    • Emergency Preparedness
    • Employment
    • Laws & Regulations
    • Service Animals
    • Snow Removal
    • Training
    • Transportation
    • Voting
  • Events & Outreach
    • Community Outreach
    • MCD Events
  • Additional Resources
  • Contact Us
You are here: Home / About Our Public Policy / Public Policy Letters / 2024 Public Policy Letters / HF 3483: March 7, 2024 – House Human Services Policy Committee

HF 3483: March 7, 2024 – House Human Services Policy Committee

Date: March 7, 2024
Bill: HF3483 Jean’s Law Addressing Guardian Immunity
To: House Human Services Policy Committee

Dear Chair Fischer and Human Services Policy Committee Members:

The Minnesota Council on Disability (MCD) stands in support of HF 3483, which seeks to eliminate blanket immunity for guardians. It has come to our attention that Minnesota’s current stance, which absolves guardians of liability for their negligent actions while performing core duties, deviates from prevailing norms. This bill aims to reinstate fundamental rights for individuals under guardianship.

The prevailing notion of absolute immunity for guardians in their core functions lacks coherence and fairness. It is incongruous to grant complete immunity in any circumstance.

Under existing legislation, individuals under guardianship may suffer from neglect or direct harm without recourse for accountability. It is imperative that individuals under guardianship possess the same rights to pursue claims of negligence as any other individual. If a guardian perpetrates harm against an individual under guardianship, the affected individual must have the opportunity to seek recourse without the impediment of immunity. It is evident that the legislature did not intend to confer blanket immunity upon guardians; however, rectification of the current law is imperative. Guardians wield significant authority over vulnerable individuals, necessitating stringent measures to oversee and regulate this authority.

By retaining the current law, we expose individuals under guardianship to undue risk and harm by granting guardians unchecked immunity. The approximate 35,000 individuals under guardianship in Minnesota underscore the significance of this issue. They rely on legislative action to safeguard their rights and well-being. Blanket immunity fails to provide this protection and requires amendment.

The Minnesota Council on Disability respectfully urges the committee to endorse HF 3483. This measure represents a crucial step towards ensuring accountability and safeguarding the rights of individuals under guardianship.

Sincerely,

Trevor Turner
Public Policy Director
trevor.turner@state.mn.us

David Dively
Executive Director
david.dively@state.mn.us

Page last updated: March 7, 2024

Footer

Find Us

Minnesota Council on Disability (MCD)
1600 University Avenue W, Suite 8
Saint Paul, MN 55104

For accommodation requests, including requesting any document on this website in an alternative format, visit our ADA Title II page.

Contact Us

Phone: 651-361-7800 (VRS)
Toll-free: 1-800-945-8913 (VRS)
Fax: 651-296-5935

Email: council.disability@state.mn.us

Stay Connected

Sign up for the latest MCD news and updates sent to your inbox.

Follow Us

MCD on Facebook MCD on Twitter MCD on YouTube

Accessibility of Our Site · Privacy Notice · Site Map
© 2025 · Minnesota Council On Disability. All rights reserved. · Built by Westwords