Disclaimer: This article is for informational purposes and does not constitute legal advice.
How to Seek Guardianship or Conservatorship in North Dakota
Guardianship and conservatorship allow a court-appointed person to handle personal and financial affairs for an incapacitated relative under North Dakota law. Follow these steps to start the process.
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Step 1: Determine the Role
Decide if you need guardianship to handle personal needs or conservatorship for financial management. You may serve in both roles if eligible.
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Step 2: Prepare and File the Petition
File a petition in the county where the proposed ward lives. Detail facts showing the relative’s incapacity and the relief requested. See NDCC § 30.1-28-03.
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Step 3: Obtain a Capacity Evaluation
Arrange for a qualified physician or psychologist to assess the proposed ward’s capacity. Attach a certificate under NDCC § 30.1-28-02.
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Step 4: Serve Notice
Serve notice of the petition and hearing to the proposed ward, spouse, adult children, parents, legal representatives, and the long-term care ombudsman. See NDCC § 30.1-28-06.
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Step 5: Attend the Court Hearing
Appear at the hearing. The court will review evidence, hear testimony, and may appoint an attorney or guardian ad litem. The judge decides based on the ward’s best interests. See NDCC § 30.1-28-07.
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Step 6: Complete Appointment Formalities
If the court appoints you, obtain and file letters of guardianship or conservatorship. File your acceptance and take any required oath. See NDCC § 30.1-28-11.
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Step 7: Manage Ongoing Duties
Submit an inventory of assets within six months and annual reports on personal and financial activities to the court. See NDCC § 30.1-28-19 and NDCC § 30.1-28-21.
Helpful Hints
- Start early. Gathering medical evaluations and preparing the petition takes time.
- Keep clear records of all decisions and expenses.
- Consult an attorney if you handle complex assets or anticipate family disputes.
- Maintain open communication with the ward and family members.
- Review official North Dakota court forms and guidelines on the state judiciary’s website.