Minnesota Law Review
Minnesota's program of state guardianship has gained national attention in the search for devices to protect and care for mentally deficient and epileptic persons. While not finally assessing the actual supervision of wards by the state commissioner of public welfare, this report scrutinizes the standards and procedures uti- lized by the probate courts and welfare departments in establishing guardianship. This article stresses the need for reform of current practices to ensure proper coopera- tion between judicial and behavioral authorities, and to ensure proper safeguards for the individual rights of per- sons who may be subjected to governmental authority. Likewise, the author concludes, the device of guardian- ship should not be employed as a convenient tool for treatment of a variety of social problems which do not involve mental retardation.
Robert Levy, Protecting the Mentally Retarded: An Empirical Survey and Evaluation of the Establishment of State Guardianship in Minnesota, 49 Minn. L. Rev. 821 (1965), available at http://scholarship.law.umn.edu/faculty_articles/470.