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