A Conservator Is Not a "Victim" For Purposes of Seeking Restitution

State v. Christensen, Minn.Ct.App., 8/7/2017.  Mr. Christensen stole a bunch of money from his uncle, A.C., a vulnerable adult. Lutheran Social Services was A.C.'s conservator.  Following Mr. Christensen's conviction, Lutheran Social Services, but for some unexplained reason not A.C.'s guardian, made a request for restitution on behalf of A.C.  Mr. Christensen said that a conservator was not a "victim" entitled to restitution.  Here's what the statute says about who is a "victim":

“Victim” means a natural person who incurs loss or harm as a result of a crime, including a good faith effort to prevent a crime, and for purposes of sections 611A.04 and 611A.045, also includes (1) a corporation that incurs loss or harm as a result of a crime, (2) a government entity that incurs loss or harm as a result of a crime, and (3) any other entity authorized to receive restitution under section 609.10 or 609.125. The term “victim” includes the family members, guardian, or custodian of a minor, incompetent, incapacitated, or deceased person.  

The court agrees with Mr. Christensen.  The court points out that while a "guardian" of an incompetent person could seek restitution, a "conservator" could not because conservators are not listed:

While it may be that conservators should be added to the list of victims entitled to restitution, it is up to the legislature and not this court to make that change.