Adult Guardianship / Conservatorship Petition Packet - North Dakota

NORTH DAKOTA ADULT GUARDIANSHIP AND CONSERVATORSHIP PETITION PACKET

PART 0 — PRE-PETITION CHECKLIST AND TRIAGE

0.1 Type of Relief Selected

☐ Guardianship of the Person (N.D.C.C. ch. 30.1-28) — proposed ward unable to make residential, educational, medical, legal, vocational, or other personal decisions
☐ Conservatorship of the Estate/Property (N.D.C.C. ch. 30.1-29) — proposed protected person unable to manage property and affairs effectively
☐ Both guardianship and conservatorship
☐ Limited guardianship/conservatorship (authority requested only in the specific decisional areas supported by the facts)

0.2 Less Intrusive Alternatives Considered (§ 30.1-28-03(2)(m); § 30.1-29-04(2)(i))

☐ Durable power of attorney for finances reviewed and found insufficient / not in force / abused
☐ Health care directive / power of attorney for health care reviewed and found insufficient
☐ Representative payee (Social Security / VA) considered
☐ Supported decision-making arrangement considered
☐ Special needs / supplemental needs trust considered
☐ Joint accounts or other informal arrangements considered
☐ Conclusion: less intrusive alternatives are insufficient because [________________________________]

0.3 Pre-Filing Diligence

☐ Any available recent expert statement reviewed and attached; after filing, the
court appoints its expert examiner for guardianship (§ 30.1-28-03(3))
☐ Venue confirmed — county where proposed ward resides or is present (§ 30.1-28-02; § 30.1-29-03)
☐ Court-appointed guardian ad litem, expert examiner, and visitor anticipated for guardianship
☐ Separate guardianship and conservatorship statutory notice lists compiled
☐ Financial safeguards requested only after current bond/protective-order review
☐ Filing fee or fee waiver prepared (no fee for treatment-team or state-employee petitioners — § 30.1-28-03(1))

PART 1 — PETITION FOR APPOINTMENT OF GUARDIAN AND/OR CONSERVATOR

IN THE DISTRICT COURT OF THE STATE OF NORTH DAKOTA
COUNTY OF [____________________________], [____________________________] JUDICIAL DISTRICT

1. PETITIONER

Petitioner is [FULL NAME OF PETITIONER], of [________________________________], a person interested in the welfare of the proposed ward / person to be protected. Petitioner's connection with or relationship to the proposed ward is: ☐ Spouse ☐ Parent ☐ Adult child ☐ Adult sibling ☐ Other relative ☐ Friend ☐ Treatment-plan team member ☐ State employee ☐ Other [____________________________].

Corporate or agency status of petitioner (if any): [________________________________]

2. PROPOSED WARD / PERSON TO BE PROTECTED

3. FAMILY AND OTHER NOTICE INFORMATION

For the guardianship petition, list spouse, parents, and adult children; only if
none, list adult siblings and any adult private-residence co-occupant; only if
none of those, list the nearest known adult relative (§ 30.1-28-03(2)(d)). For
the conservatorship petition, identify the nearest relative known to Petitioner
(§ 30.1-29-04(2)(d)).

4. PROPERTY AND INCOME (§ 30.1-28-03(2)(e); § 30.1-29-04(2)(e))

5. EXTENT OF AUTHORITY SOUGHT (§ 30.1-28-03(2)(f))

State full authority, limited authority, or no authority in each area:

Extent of conservatorship authority sought (§ 30.1-29-04(2)(f)): [________________________________]

6. PROPOSED GUARDIAN / CONSERVATOR (§ 30.1-28-03(2)(g); § 30.1-29-04(2)(l))

7. EXISTING FIDUCIARIES AND AGENTS (§ 30.1-28-03(2)(j),(k),(l); § 30.1-29-04(2)(c),(g),(h))

8. SPECIFIC FACTS ESTABLISHING NECESSITY (§ 30.1-28-03(2)(i); § 30.1-29-04(2)(k))

The proposed ward / person to be protected is unable to manage his or her affairs effectively, and the following specific facts establish the necessity for appointment:

[________________________________]
[________________________________]
[________________________________]

For conservatorship, the basis is (§ 30.1-29-01(2)):

☐ Unable to manage property and affairs effectively because of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, or chronic intoxication
☐ Unable to manage property and affairs effectively because of confinement, detention by a foreign power, or disappearance
☐ Property will be wasted or dissipated unless proper management is provided, or funds are needed for support, care, and welfare

9. RESTRICTION OF RIGHTS REQUESTED (§ 30.1-28-03(2)(o))

Petitioner ☐ does ☐ does not seek to restrict the following rights of the proposed ward:

☐ Right to vote
☐ Right to seek to change marital status
☐ Right to obtain or retain a motor vehicle operator's license
☐ Right to use, own, control, or possess a firearm

10. INVOLUNTARY MEDICATION (§ 30.1-28-16) — only if applicable

☐ Petitioner seeks authority for involuntary treatment with prescribed mood stabilizer or antipsychotic medication; facts under § 30.1-28-16(3) are stated and a recent report under § 30.1-28-16(2) is attached.

11. LESS INTRUSIVE ALTERNATIVES CONSIDERED (§ 30.1-28-03(2)(m); § 30.1-29-04(2)(i))

☐ Petitioner has considered less intrusive alternatives to guardianship and conservatorship, and they are insufficient for the reasons stated in § 0.2 above.

12. RELIEF REQUESTED

WHEREFORE, Petitioner requests that the Court:

1. For guardianship, appoint an attorney as guardian ad litem, an expert examiner,
   and a visitor under § 30.1-28-03(3); for conservatorship, make the appointments
   required by § 30.1-29-07 for the pleaded adult-protection ground;

2. After notice and hearing, find by clear and convincing evidence that the proposed ward is an incapacitated person / person to be protected;

3. Appoint [NAME] as ☐ guardian ☐ conservator ☐ both, with the authority specified above;
4. Order only case-specific financial safeguards supported by separately verified authority; and
5. Grant such other relief as is just.

PART 2 — APPOINTMENT OF GUARDIAN AD LITEM AND EXPERT EXAMINATION (§ 30.1-28-03; § 30.1-28-04)

Upon the filing of this Petition:

☐ The Court shall appoint an attorney to act as guardian ad litem, who shall meet with the proposed ward and report to the Court.
☐ The Court shall appoint an expert examiner to examine the proposed ward and submit the statutory report.
☐ The Court shall appoint a visitor to interview the proposed guardian and proposed ward and report to the Court.

The appointed attorney serving as guardian ad litem advocates for the proposed
ward's best interests but may not represent the proposed ward in a legal
capacity. The guardian ad litem must explain the right to retain an attorney.

PART 3 — NOTICE OF HEARING / CITATION TO RESPONDENT AND INTERESTED PERSONS

NOTICE OF HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN AND/OR CONSERVATOR

TO: Complete the separate recipient route below; do not combine every listed relative.

NOTICE IS GIVEN that a Verified Petition for Appointment of Guardian and/or Conservator has been filed in the District Court, County of [____________________________], and will be heard on:

Guardianship notice — § 30.1-28-09: personally serve the proposed ward and
the spouse and parents if found in North Dakota. Serve other listed recipients
under § 30.1-03-01. Include the attorney, visitor, and expert examiner and their
appointment orders. The notice must use at least double-spaced twelve-point type
and state the hearing rights and nature, purpose, and consequences of appointment.

Conservatorship notice — § 30.1-29-05: personally serve the person to be
protected and the spouse or, if none, the parents, or any guardian or conservator,
at least fourteen days before hearing. If none can be found, notify a known
benefit-paying government agency under § 30.1-03-01.

The proposed ward may demand the guardianship venue change under § 30.1-28-02;
the court must grant a demand filed and served more than three days before the
hearing and may grant a later demand for good cause.

Use only the response instructions supplied by current law, the court, and counsel.

PART 4 — RIGHTS OF THE PROPOSED WARD / RESPONDENT

The proposed ward has the following rights in this proceeding:

• The right to notice of the proceeding and the hearing.
• The right to retain legal counsel; do not describe the guardian ad litem as the ward's lawyer.
• In guardianship, the right to the court-appointed guardian ad litem, expert examiner, and visitor process in § 30.1-28-03.
• The right to be present at the hearing, to present evidence, and to cross-examine witnesses.
• The right to the statutory expert-examiner and report process when applicable.
• The right to require proof by clear and convincing evidence before a guardian or conservator is appointed (§ 30.1-28-04; § 30.1-29-01(2)).
• The right to have the Court grant only the least intrusive / limited authority necessary, with full, limited, or no authority specified in each decisional area.
• The right to demand a change of venue to the county of residence or presence (§ 30.1-28-02).
• Guardianship hearings are closed unless the proposed ward, ward, attorney, or
  guardian ad litem requests an open hearing; attendance by others requires the
  court's best-interest determination (§ 30.1-28-03(9)).

PART 5 — EXPERT EXAMINATION / EVALUATION REPORT (PLACEHOLDER)

REPORT OF EXPERT EXAMINER

Examiner:

PART 6 — FINANCIAL-SAFEGUARD REQUEST (CONSERVATORSHIP)

State only relief supported by the current protective-order, bond, and account
law separately reviewed for this case: [________________________________].

PART 7 — PROPOSED ORDER APPOINTING GUARDIAN AND/OR CONSERVATOR

ORDER APPOINTING GUARDIAN AND/OR CONSERVATOR

This matter came before the Court on the Verified Petition. The Court, having considered the Petition, the guardian ad litem's report, the expert examination, the evidence, and the availability of less intrusive alternatives, FINDS:

1. ☐ Guardianship and/or conservatorship notice has been given under the separate applicable route.
2. ☐ Based on clear and convincing evidence, the proposed ward is an incapacitated person / the person to be protected is unable to manage property and affairs effectively under N.D.C.C. § 30.1-28-04 / § 30.1-29-01.

3. ☐ For guardianship, no suitable alternative resource plan is available and
   the authority ordered is the least restrictive intervention; for conservatorship,
   the court made the applicable § 30.1-29-01 finding.

4. ☐ The proposed guardian / conservator is suitable, qualified, and willing to serve.

IT IS ORDERED:

• [NAME] is appointed ☐ Guardian of the Person ☐ Conservator of the Estate ☐ Both of [WARD NAME].
• Authority is conferred as follows (full / limited / none in each area): [________________________________]
• Rights restricted (vote / marital status / driver's license / firearm), if any: [________________________________]
• Financial safeguards ordered after separate authority review: [________________________________].

• Involuntary medication authority under § 30.1-28-16: ☐ Granted ☐ Denied.
  Any initial authority is limited to the period stated in the order and may not
  exceed ninety days unless the statutory continuing-treatment evidence and order apply.

• Letters shall issue with the authority and limitations stated by the Court.

• Reports and accountings shall be filed as required by law and the Rules of Probate Procedure.

Dated: [__/__/____] [____________________________]
Judge / Judicial Referee of the District Court

PART 8 — PETITIONER REVIEW AND SIGNATURE

I, [PETITIONER NAME], have read the foregoing Petition and state that its
factual representations are true and complete to the best of my knowledge,
information, and belief.

[____________________________]
Petitioner

Date: [__/__/____]

SOURCES AND REFERENCES

• N.D.C.C. Chapter 30.1-28 — Guardians of Incapacitated Persons
• N.D.C.C. Chapter 30.1-29 — Protection of Property of Persons Under Disability and Minors

END OF PACKET