Understanding Minnesota’s New Order for Protection Against Financial Exploitation

Financial exploitation rarely starts with a dramatic theft. It often begins quietly, with a “loan” that never gets repaid or a caregiver who slowly takes control of someone else’s finances. Many families know something is wrong long before they know what to do about it. Minnesota’s new Order for Protection Against Financial Exploitation was created for situations like these. Knowing who qualifies for protection and how the process works can make the difference between protecting a loved one’s future and watching their resources disappear.

What Is an Order for Protection Against Financial Exploitation?

Minnesota has enacted Minn. Stat. § 609.2335, a new law that specifically addresses financial abuse of vulnerable adults. The statute became effective January 1, 2026. Moving forward, Minnesota courts will be able to issue a Protection Against Financial Exploitation (OPFE) to prevent, mitigate, or stop the financial abuse of a vulnerable adult.

An OPFE is similar to other protective orders in that someone petitions for it, and a judge will issue the order if it is found appropriate at a hearing. Violating the order will result in criminal penalties. Immediate protections can be granted when there is an immediate danger.

The protection provided by an OPFE is different because it focuses on financial harm. A traditional order of protection (OFP) focuses on domestic abuse and threats of physical harm involving family or household members. A harassment restraining order (HRO) protects against harassment and unwanted contact from anyone, regardless of the relationship. Extreme Risk Protection Orders (ERPOs) focus on removing a person’s access to firearms when they pose a danger (not tied to financial exploitation).

Who Is Protected Under the New Minnesota Law?

The new statute protects vulnerable individuals from financial exploitation against vulnerable individuals. Minnesota law defines a vulnerable adult as someone who is over 18 years old and is more susceptible to financial exploitation. They may be physically, mentally, or cognitively impaired. While the statutory definition is relatively vague, the court has broadened it through its application.

Generally, individuals who are in long-term care facilities, receive professional care, or who have limited capacity to function on their own are considered vulnerable. To be protected under the new law, the individual must be deemed vulnerable and in imminent danger of financial exploitation. This exploitation doesn’t require physical abuse or the accused person being a household member.

What Qualifies as Financial Exploitation Under the Statute?

The statute outlines what is considered financial exploitation. Someone violates this new law if they have a legal obligation or fiduciary duty to manage a vulnerable person’s finances and fail to do so. They could fail to use the vulnerable person’s resources to provide for their basic needs, including food, clothing, shelter, health care, supervision, or therapeutic care. They could use, manage, or take the vulnerable adult’s property or financial resources. It could be temporary or permanent and is for the benefit of someone other than the vulnerable adult.

Even if the person doesn’t have a fiduciary duty, they could commit financial exploitation by taking the vulnerable person’s financial assets through undue influence, harassment, duress, deception, or fraud. It’s also financial exploitation to force, compel, coerce, or entice the vulnerable adult to act against their will financially. Someone cannot obtain services or benefits for themselves that are paid for with the vulnerable adult’s finances.

Who Can File for an Order for Protection Against Financial Exploitation?

To provide more complete protection, this new Minnesota statute keeps it broad regarding who can file a petition. The vulnerable individual can file a petition on their own. Petitions can also be filed by or on behalf of a vulnerable adult. It will typically be someone trusted and close to the situation, like a family or household member, legal guardian, conservator, or accountant.

The Legal Process: How the OPFE Works in Minnesota

To start the legal process, a petition is filed in the district court in the county where the petitioner, respondent, or vulnerable adult resides. There is no residency requirement limiting where the case can be filed. The petition needs to include specific facts about the alleged financial exploitation. It’s also good to include a description of the relationship between the vulnerable adult and the relief sought. Speaking with a lawyer can help you prepare an effective petition.

The petitioner must serve the petition and any orders on the respondent, generally in accordance with the same service rules used for other orders for protection. If the petitioner is not the vulnerable adult, they also must serve the vulnerable adult with the petition, hearing notice, and any orders. Financial institutions must be served if the court orders an account freeze.

At the hearing, the court will hear evidence presented. If protection is granted, the order may include injunctive and equitable relief.

What Protections Can the Court Order?

The court has several protection mechanisms available to stop the financial abuse. The court can issue an ex parte order in emergency situations. This temporary order lasts for up to 14 days. This stops all actions immediately for the length of the order. Before the order ends, the court will hold a hearing to assess the situation. The court may issue an order to end or continue the protection. Other protections the court can order include:

• Stopping the accused from making financial transactions.
• Restricting access to accounts and property.
• Ordering the return of all funds taken.
• Ordering financial records.

A Stronger Legal Tool for Preventing Financial Harm

Financial exploitation can leave lasting damage, not only to a vulnerable adult’s finances but also to family relationships. Minnesota’s Order for Protection Against Financial Exploitation reflects a growing recognition that financial abuse often requires swift, practical intervention. Understanding how this law applies to your situation is critical, especially when family dynamics or caregiving relationships are involved.

Dave Burns Law Office brings experience in Minnesota financial protection matters and works closely with clients to pursue timely, effective solutions. Dave welcomes you to contact him at (612) 677-8351 or by emailing dave@daveburnslaw.com if you are concerned about possible financial exploitation. He is available to meet with clients in both Minneapolis and St. Paul.