No such proceeding

Legislation, Adult Protective Proceedings - Protected Person (incomplete)

The provisions regarding adult protective services are found within the Criminal Procedure code.  Minn. Stat. § 626.557, subd. 10 outlines the duties of county social service agencies. Paragraph (a) states:

When the common entry point refers a report to the county social service agency as the lead investigative agency or makes a referral to the county social service agency for emergency adult protective services, or when another lead investigative agency requests assistance from the county social service agency for adult protective services, the county social service agency shall immediately assess and offer emergency and continuing protective social services for purposes of preventing further maltreatment and for safeguarding the welfare of the maltreated vulnerable adult.


(emphasis added).  The word "offer" in the above provision seems to suggest that the provision of services must be done only if they adult consents. See also Minnesota Dep't of Hum. Servs., Minnesota Adult Protection Policy Manual (Rev. March 2024) ("APS worker practice responsibilities include: ... seek[ing] informed consent from the adult before providing services.").

The county social service agency is authorized to file other actions on behalf of the adult though.  Minn. Stat. § 626.557, subd. 10(g) states:

(g) When necessary in order to protect a vulnerable adult from serious harm, the county social service agency shall immediately intervene on behalf of that adult to help the family, vulnerable adult, or other interested person by seeking any of the following:

(1) a restraining order or a court order for removal of the perpetrator from the residence of the vulnerable adult pursuant to section 518B.01;

(2) the appointment of a guardian or conservator pursuant to sections 524.5-101 to 524.5-502, or guardianship or conservatorship pursuant to chapter 252A;

(3) replacement of a guardian or conservator suspected of maltreatment and appointment of a suitable person as guardian or conservator, pursuant to sections 524.5-101 to 524.5-502; or

(4) a referral to the prosecuting attorney for possible criminal prosecution of the perpetrator under chapter 609.

The expenses of legal intervention must be paid by the county in the case of indigent persons, under section 524.5-502 and chapter 563.


There may or may not be a right to counsel in these related proceedings.  To learn more about guardianship and conservatorship, see Minnesota, Legislation, Guardianship/Conservatorship of Adults - Protected Person