Pat Smith
Pat Smith is an older adult living in Hennepin County, Minnesota. Adult Protection Services received a report on a vulnerable adult involving allegations related to Hennepin County’s foreclosure on Pat Smith’s home due to failure to pay property taxes. Beginning in early 2018, a judgment was obtained against the property, which was subsequently sold to the state of Minnesota — initiating a three-year redemption period during which Pat Smith had the right to reclaim the property by paying back taxes and penalties totaling approximately $13,000.
The home was ultimately sold in 2023 for $167,000. Following the landmark U.S. Supreme Court ruling in Tyler v. Hennepin County (May 25, 2023), which found that retaining surplus proceeds from tax-forfeited properties was unconstitutional, several class action lawsuits were filed on behalf of similarly situated individuals. As an eligible participant, Pat Smith was entitled to approximately $135,000 in surplus proceeds — but was required to file a claim by June 4th, 2025 to receive them.
Despite being notified of this opportunity, Pat Smith steadfastly refused to participate in the class action suit, insisting on the return of the home itself — an outcome that was no longer legally possible, as the property had been sold to a private party. Psychiatric records gathered during the APS investigation revealed a serious and persistent mental illness disorder with delusional beliefs and active psychotic symptoms that significantly impaired Pat Smith’s capacity to make reality-based legal decisions, as well as suspected cognitive impairment that prevented them from acting in their own financial interest.
Over a five-month period, the APS investigator made 19 attempts to locate and engage Pat Smith through computer searches, contact with city and county agencies, law enforcement, legal consultation, and searches for medical records. All less restrictive alternatives were explored before pursuing further action.
APS assisted by:
- Partnering with the Hennepin County Attorney’s Office, Psychological Services Division, Sheriff’s Office, Minneapolis Police Department, a local hospital, Adult Behavioral Health Emergency Crisis Response Services, Volunteers of America, and the Hennepin County Adult Protection Multidisciplinary Team to coordinate a comprehensive, multi-system response.
- Filing a petition for limited conservatorship on Pat Smith’s behalf for the sole purpose of enrolling them in the class action suit — requesting that only funds recovered from the lawsuit be subject to the conservator’s authority, with no other assets affected.
- Working with the Hennepin County Sheriff’s Office to locate and serve Pat Smith with notice of the court hearing and their right to legal representation.
- Advocating before the Hennepin County Probate Court, which ultimately issued a protective order — a less restrictive alternative to conservatorship — finding by clear and convincing evidence that Pat Smith was unable to manage their property and business affairs due to impairment in their ability to receive, evaluate, and act on information.
- Ensuring that a protective agent deposited Pat Smith’s class action payout into an interest-bearing account held solely in Pat Smith’s name, with the protective order terminating upon establishment of the account.
On April 24, 2026, APS was notified that the class action funds would be disbursed by May 8, 2026, restoring approximately $135,000 in assets rightfully owed to Pat Smith for the loss of their home.
Through this case, Hennepin County Adult Protection Services demonstrated the ethical balancing act at the core of APS work: honoring client self-determination while pursuing protection when an individual’s capacity to act in their own interest is significantly compromised. The team’s clinical skill, patience, compassion, and persistence — led by Senior Social Worker Lane Merritt — reflect what it truly means to be Heroes and Partners in Protection.