Detailed Answer
Short answer: In North Dakota, an appointment as guardian of the person does not automatically give you authority to manage the ward’s money or property. The court must appoint a separate guardian for the estate (often called a conservator or guardian of the estate) or explicitly grant estate powers in the same order. In practice the court can appoint the same person to both roles, but each role is a distinct legal appointment with different duties and court supervision.
What the law recognizes
North Dakota law separates decision-making about a person’s personal needs (healthcare, shelter, daily care) from decision-making about the person’s financial affairs (bank accounts, paying bills, managing real estate). Because these are different types of authority, the court issues separate appointments and orders for each. You should review the relevant guardianship and conservatorship provisions in the North Dakota Century Code for details; the North Dakota Legislature’s code is available online: https://www.legis.nd.gov/cencode. For practical court forms and guidance see the North Dakota Courts website: https://www.ndcourts.gov/.
Why the court treats them separately
- Different duties and standards: The guardian of the person focuses on health care, living arrangements, and personal decisions under court-imposed standards of care. The guardian of the estate is responsible for protecting assets, paying bills, investing money prudently, and filing financial reports with the court.
- Different protections for the protected person: Financial management carries different conflict and abuse risks. Separate appointment lets the court apply bonds, accounting, visitation, and oversight suited to financial duties.
- Flexibility: The court can appoint different people to each role when that best serves the protected person’s interests.
What you must do if you want authority over both person and estate
- When you petition the court, request both guardianship of the person and appointment as guardian of the estate (or conservator) if you want both roles.
- Be prepared to show the court why each appointment is necessary and how you will meet the duties of each role. Expect background checks, notice to interested persons, and possibly bond or fidelity insurance requirements for estate duties.
- If you are already appointed guardian of the person and later need authority over the estate, file a separate petition with the court asking for appointment as guardian of the estate (or for modification of the existing order to add estate powers).
Typical powers and responsibilities for a guardian of the estate
- Collect income and benefits (Social Security, pensions, rents).
- Pay bills and taxes, and maintain insurance.
- Manage investments and real property, subject to court rules.
- File inventories, periodic accountings, and petitions for court approval of major transactions.
Court supervision and formalities to expect
The guardian of the estate must normally post any required bond, file an inventory of the estate, keep detailed records, and submit periodic accountings to the court. The court may approve or deny large transactions and may require court permission before selling property.
Alternatives to a guardianship of the estate
- Durable power of attorney (if executed while the person had capacity).
- Representative payee for Social Security benefits.
- Trusts or other planning tools the person put in place before losing capacity.
Where to look in North Dakota law
North Dakota’s statutes and court rules set out the formal procedures, duties, and reporting requirements for guardians and guardians of the estate. See the North Dakota Century Code and the North Dakota Courts website for the statutes, forms, and local procedures: North Dakota Century Code and North Dakota Courts.
Important note
This summary explains general principles under North Dakota law but does not quote a specific statute or replace legal advice. Court practice can vary by county and the facts of each case matter—for example, whether the individual previously signed a power of attorney, the size and complexity of the estate, and any objections from family members.
Disclaimer
This article is educational and informational only. It is not legal advice. For advice about a specific situation, consult a licensed North Dakota attorney who handles guardianship and probate matters.
Helpful Hints
- If you plan to serve in both roles, ask the court to appoint you to both in the same petition to save time and avoid a second proceeding.
- Bring documentation: medical evaluations about incapacity, financial statements, and any prior estate planning documents (wills, powers of attorney, trusts).
- Expect the court to require an inventory and periodic financial reports if you have estate duties—keep careful, dated records and original receipts.
- Learn the county court’s local guardianship forms and filing procedures early—many counties have specific forms and timelines.
- Consider whether alternatives (durable power of attorney, representative payee, trust) could meet the person’s needs without a full guardianship of the estate.
- If someone objects, be prepared for contested hearings. An attorney can help prepare petitions and represent you at hearings.
- Ask the court about bond requirements and how bond amounts are calculated—bond protects the protected person’s assets and is often required for estate guardians.
- If you serve, learn the timelines and fee rules for seeking payment of your expenses or compensation—these are court-supervised and must be approved.