Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed attorney in North Dakota for guidance specific to your situation.
Detailed Answer
Under North Dakota law, you have several options to establish authority over an elderly heir’s personal and financial matters. The most common methods include:
1. Power of Attorney
A power of attorney (POA) is a written document in which an individual (the “principal”) designates another person (the “agent”) to make decisions on their behalf. North Dakota follows the Uniform Power of Attorney Act (NDCC § 30.1-04).
- Durable Financial Power of Attorney: Remains effective if the principal becomes incapacitated. It covers banking, real estate transactions, investments, and other financial matters.
- Healthcare Power of Attorney: Authorizes the agent to make medical decisions. North Dakota recognizes advance directives under NDCC § 23-06.5-01.
2. Guardianship and Conservatorship
If the elderly heir lacks the capacity to grant a POA, you must petition the district court for guardianship and/or conservatorship. Under NDCC Chapter 30.1-29, the court may appoint:
- Guardian of the Person: Authority over personal decisions such as housing, daily care, and medical treatment.
- Conservator (Guardian of the Estate): Authority over financial affairs, including managing income, paying bills, and handling assets.
The court will hold a hearing, review medical evaluations, and consider the least restrictive alternative. A guardian must file annual reports detailing actions taken on behalf of the ward.
3. Supported Decision-Making Agreement
North Dakota law permits supported decision-making agreements as a less restrictive approach. These agreements let the individual retain legal capacity while receiving assistance from chosen supporters. See NDCC § 30.1-21.
Helpful Hints
- Discuss the heir’s wishes early to avoid conflicts.
- Use clear, signed documents that comply with North Dakota statutes.
- Explore supported decision-making before pursuing guardianship.
- Work with a licensed North Dakota attorney experienced in elder law.
- Review and update powers of attorney and guardianship orders after major life changes.