Minnesota’s New “Financial Exploitation” Protection Order (609.2334)

A Fast Court Tool to Stop the Money Leak

By: Jason Kohlmeyer

Minnesota quietly added a new kind of order for protection (OFP), but this one isn’t about bruises, stalking, or nasty texts. In fact, I would say it’s not that common in Minnesota Family Law cases, but it’s still a big change in the law you might need to know about. It’s about something that can wipe out an older adult’s life savings in weeks: financial exploitation.

If you’ve ever heard a story like “Grandpa suddenly wired $18,000 to his new ‘best friend’” or “Mom’s caregiver is now driving Mom’s car and paying bills with Mom’s card,” this statute is aimed right at that problem.

The law is Minn. Stat. 609.2334, and it becomes effective January 1, 2026.  

What is Minn. Stat. 609.2334?

Minnesota Statute 609.2334 creates an “Order for Protection Against Financial Exploitation of a Vulnerable Adult.” It lets certain people ask the court for injunctive relief (think: stop doing that, freeze that, stay away, hand it over) to prevent, limit, or halt financial exploitation.  

This is a civil protection order with criminal teeth if someone violates it.  The reason this came to be is in years past it was awfully hard to stop the sort of insidious stealing of a persons money, this tries to give a person the ability to step in and help.

Who does this protect?

It protects a “vulnerable adult,” using Minnesota’s existing definition from the Vulnerable Adults Act.  (Minnesota stat. 626.5572, subdivision 210) but here it is:

Subd. 21.Vulnerable adult.

(a) “Vulnerable adult” means any person 18 years of age or older who:

(1) is a resident or inpatient of a facility; OR

(2) receives services required to be licensed under chapter 245A….(not really common)

(3) receives services from a home care provider … or from a person or organization that offers, provides, or arranges for personal care assistance services under the medical assistance program….

(4) regardless of residence or whether any type of service is received, possesses a physical or mental infirmity or other physical, mental, or emotional dysfunction:

(i) that impairs the individual’s ability to provide adequately for the individual’s own care without assistance…

The statute also leans on existing definitions of “financial exploitation” from Minnesota law, so it’s not reinventing the wheel.  

Who can file the petition?

This is one of the biggest practical wins: the statute gives a clear list of who qualifies as a “petitioner.” It includes:  

1. The vulnerable adult.
2. The vulnerable adult’s guardian or conservator.
3. A person or organization acting on the vulnerable adult’s behalf with consent (from the vulnerable adult or their guardian/conservator).
4. An agent under a valid power of attorney (but only if the authority is specifically granted in the POA).
5. Someone who files at the same time for an emergency conservatorship (under the probate code).  

What does this mean? The protective order is not limited to only family members or to people with existing court authority, although those individuals are included.

Where do you file, and do you have to live here?

You can file in the county where the petitioner, respondent, or vulnerable adult resides. There are no residency requirements. The court is also supposed to give these cases docket priority.  

Docket priority. means the courts should put this at the top of the list, and not make you wait weeks (usually months) to get in front of a judge.

What does the petition have to say?

The petition must allege either actual financial exploitation or imminent danger of it, and it needs specific facts and circumstances (including the relationship between the vulnerable adult and the respondent).

You also have to disclose whether there have been prior protection orders (including domestic abuse OFPs and harassment restraining orders) and whether other actions between the parties are pending.  

Also, if someone leaves a home to avoid financial exploitation, that move does not ruin their right to ask for the order.  

Fees, forms, and speed

Ok, great, but what’s the cost and how long will it take?

• Filing fees are waived for both petitioner and respondent, so the typiclal $300 or so fee is not required and you won’t have to ask to waive the fee.  
• The court must provide simplified forms and clerical assistance (the forms will be online and at the courthouse).
• The hearing must be set within 14 days unless the court issues a temporary ex parte order (more on that below).  

Service and a key “must do” step: the maltreatment report

Service means how the case starts, and generally, service in this case requirements follows the domestic abuse OFP service rules in Minn. Stat. 518B.01. If the petitioner is not the vulnerable adult, the petitioner must also serve the vulnerable adult with the petition, hearing notice, and any orders. If the order freezes assets or credit, the petitioner must serve the order on the depository or financial institution.  

Big requirement: unless a report has already been made, the petitioner must file a vulnerable adult maltreatment report under Minn. Stat. 626.557 within 24 hours of filing the petition. The statute also states that it does not modify or supersede mandatory reporting requirements.  

Can you get an emergency ex parte order?

Yes. The court may issue a temporary ex parte order (without the respondent present) if the court finds an immediate and present danger of financial exploitation and other equitable factors (irreparable harm, likelihood of success, balance of harms, and that the order protects the vulnerable adult’s financial security…).  

Some more timing issues to be aware of:

• An ex parte order can last up to 14 days.
• It can be extended 1 time, up to an additional 14 days.
• The full hearing must be set no later than the date the ex parte order expires.  

What relief can the court order?

To issue relief (temporary or final), the court must make findings that the vulnerable adult is a victim (or in imminent danger), that there’s likely irreparable harm and no adequate remedy at law, that the threatened injury outweighs harm to the respondent, and that the order protects financial security.  

Then the court can order a menu of protections, including:

1. No direct or indirect contact with the vulnerable adult.
2. An order restraining financial exploitation.
3. Holding accounts or freezing assets (including assets in the vulnerable adult’s name, the respondent’s name, jointly, in conservatorship, or in trust), with specific safeguards for conservatorship and trusts, and limits on freezing assets titled only in the respondent’s name without probable cause tracing.  
4. Freeze any line of credit, again with safeguards.  
5. If an asset and credit freeze is ordered, ordering that the vulnerable adult’s living expenses continue to be paid.
6. Awarding the vulnerable adult temporary exclusive use of a shared dwelling or barring the respondent from the vulnerable adult’s residence.
7. Providing necessary directives to law enforcement.
8. Any other terms the court deems necessary to protect the vulnerable adult or the vulnerable adult’s assets.  

What this means: the court can hit pause on the money movement while the case is sorted out, and it can also create space and separation to reduce pressure and manipulation.

What happens if someone violates the order?

Violating the core protections (no contact and no exploitation restraints) is a misdemeanor (this means up to 90 days in jail and/or a $1,000 fine). A repeat violation within ten years becomes a gross misdemeanor. If it’s within ten years of the first of two or more prior violations, it can be charged as a felony with up to five years in prison and/or a fine of up to $10,000.  

Two extra provisions people will miss (but shouldn’t)

1. Testimony given by the respondent at the hearing is inadmissible in a criminal proceeding.  
2. This remedy is in addition to other civil or criminal remedies (so it doesn’t “replace” reporting, prosecution, guardianship actions, or civil claims).  

FAQ

Disclaimer: As always… this post is general information, not legal advice for a specific situation, for that you’ll need a good Minnesota lawyer!