All Roll Calls
Yes: 269 • No: 3
North DakotaSB 22912025 Regular SessionSenateWALLET
AN ACT to create and enact two new sections to chapter 30.1-28 and two new sections to chapter 30.1-29 of the North Dakota Century Code, relating to removal, resignation and death of a guardian, notices in a guardianship, notices in a conservatorship, and confidentiality of reports; to amend and reenact subsection 1 of section 23-12-13, subsection 1 of section 25-03.1-18.1, subsection 1 of section 27-20.1-17, sections 30.1-01-06 and 30.1-28-03.1, subsection 3 of section 30.1-28-03.2, section 30.1-28-04, subsection 1 of section 30.1-28-05, section 30.1-28-07, subsection 1 of section 30.1-28-09, sections 30.1-28-10.1, 30.1-28-12, 30.1-28-12.1, 30.1-28-12.2, and 30.1-29-05, subsection 6 of section 30.1-29-07, subsection 2 of section 30.1-29-08, sections 30.1-29-13 and 30.1-29-18, subsection 3 of section 30.1-29-19, subsection 1 of section 30.1-29-20.1, subsection 2 of section 30.1-29-22, and subsection 5 of section 30.1-29-25 of the North Dakota Century Code, relating to incapacitated persons, court-authorized involuntary treatment, guardianship of a child, guardianship of an incapacitated person, and protection of property of persons under disability and minors; and to repeal sections 30.1-26-01, 30.1-28-08, and 30.1-28-15 of the North Dakota Century Code, relating to visitors in a guardianship proceeding and appointment of successor guardians.
Sponsored By: Michael Dwyer (Republican)
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Bill Overview
Analyzed Economic Effects
10 provisions identified: 6 benefits, 0 costs, 4 mixed.
Guardianship only when truly needed
The court appoints a guardian only with clear and convincing evidence. It must first consider supports that avoid guardianship and then grant the least‑restrictive powers. Each order must list exactly what the guardian can decide about housing, medical care, schooling, legal, work, and money. The guardian must list all assets within 90 days and share copies with the ward and named people. Orders can last up to five years, and the court reviews them before they end. A ward keeps the rights to vote, marry or divorce, and hold a driver’s license unless the court specifically removes them.
Privacy and yearly reports for guardians
Guardians must file a yearly report on the ward’s condition, care, money, and changes, using court forms. Courts can order a late guardian to file or face contempt. Guardianship and conservatorship reports and accountings are closed to the public. Medical details and account numbers stay private unless the court allows access for good cause. Conservator reports must be mailed to the protected person and named others, with a clear 12‑point, double‑spaced notice about the right to ask to change or end the case. When a guardian resigns or dies, a final report and accounting are required, and the court holds a hearing within 60 days unless there is good cause.
Time limits for child guardianships
A child guardianship order lasts up to one year unless the court finds good cause for a different term, but never more than three years. At least 60 days before it ends, the court gets input, including from a child age 14 or older, and holds a hearing to end, reappoint (up to three years), or pick a new guardian. The court may extend an order up to 90 days for good cause.
Stronger protections for a ward’s money
If no conservator exists, a guardian needs court approval to sell real estate or personal property worth more than $2,500, and cannot bill the ward for the guardian’s room and board without court approval. A conservator must file a full inventory within 90 days and share copies with the protected person (if 14+ and able) and court‑named people. Big transfers need court review: gifts over 20% of a year’s income or changing insurance or annuity beneficiaries require notice and a hearing. To sell real property, the conservator must give the court the property details, reasons, current fair market value (with an appraisal unless excused), and notice to interested persons, who have 10 days to object. If no personal representative is appointed within 40 days after the protected person’s death, the conservator can ask to act as personal representative after notice if no one objects.
Challenge a guardian’s visit limits
A guardian may limit visits, calls, and messages if it is best for the ward. Family, friends, clergy, the ward, or others can ask the court to remove the limits. The court holds a hearing and can interview the ward in private. If the ward is very ill or near death, the court must hold an emergency hearing within 14 days. The court may award costs or attorney’s fees to the winner, but a guardian cannot pay a penalty from the ward’s estate.
Short‑term emergency guardians and conservators
The court can name an emergency guardian or conservator for up to 90 days to prevent serious harm when no one else can act. A hearing is held within 10 days. Appointment without prior notice is allowed only with sworn proof of imminent harm, and notice must go out within 48 hours. One 90‑day extension is allowed if filed at least 14 days before the first term ends. For emergency conservatorships, the court appoints a guardian ad litem right away and gives notice to the person, their spouse, and others the court names.
Who may make medical decisions
If a minor or incapacitated patient cannot consent, the law sets a clear order of who decides. A valid health‑care power of attorney comes first unless a court says otherwise, then guardian or custodian, spouse, adult children, parents or stepparent, adult siblings, grandparents, adult grandchildren, and then a close adult with strong ongoing contact. A court can allow psychiatric medication if an independent psychiatrist or final‑year psychiatric resident certifies it is needed and least restrictive. A guardian cannot consent to psychosurgery, abortion, sterilization, or experimental treatment without a court order. A guardian also cannot admit a ward to a mental health facility for more than 45 days without a court order or commitment; readmission within 60 days needs prior court authorization on the first admission.
Stronger notice and court oversight
For guardianship hearings, petitioners must notify the ward or proposed ward, close family, any current fiduciaries, and the ward’s attorney, visitor, and examiner. After a guardian or conservator is appointed, the ward or protected person and court‑named interested persons must get notice of later matters. Some motions must be served on the ward, spouse, and interested persons. In conservatorships, the person to be protected must be personally served at least 14 days before the hearing; if close family cannot be found and the person gets government benefits, the payer agency must be notified. Guardians and conservators submit to the court’s authority when they accept the role and must be served at their listed address. The court or parties can subpoena report writers to testify and be cross‑examined.
Stronger court checks before selling a ward's home
A conservator must get court approval before selling a protected person’s land or home. The motion must describe the property, sale terms, reasons, and fair market value, with an appraisal unless there is good cause not to. The protected person, the spouse, and other interested people get notice and have 10 days to object. The court can approve an unopposed motion without a hearing or hold a hearing, but it must find the sale is in the protected person’s best interest.
Old guardianship sections repealed
The law repeals three older sections on guardianship visitors and naming successor guardians. New rules in this act now govern those areas.
Sponsors & Cosponsors
Sponsor
Michael Dwyer
Republican • Senate
Cosponsors
Karla Rose Hanson
Democratic • House
Lawrence R. Klemin
Republican • House
Diane Larson
Republican • Senate
Jonathan Sickler
Republican • Senate
Kent Weston
Republican • Senate
Roll Call Votes
House vote • 4/22/2025
Second reading, passed as amended, yeas 92 nays 1
Yes: 92 • No: 1
Senate vote • 4/16/2025
Second reading, passed, yeas 47 nays 0
Yes: 47 • No: 0
House vote • 3/14/2025
Second reading, passed as amended, yeas 86 nays 2
Yes: 86 • No: 2
Senate vote • 2/14/2025
Second reading, passed, yeas 44 nays 0
Yes: 44 • No: 0
Actions Timeline
Filed with Secretary Of State 04/30
5/2/2025HouseSigned by Governor 04/29
5/1/2025SenateSent to Governor
4/28/2025SenateSigned by President
4/28/2025SenateSigned by Speaker
4/25/2025HouseSecond reading, passed as amended, yeas 92 nays 1
4/22/2025HouseConference committee report adopted
4/22/2025HouseReported back from conference committee, in place of, placed on calendar
4/16/2025HouseSecond reading, passed, yeas 47 nays 0
4/16/2025SenateConference committee report adopted
4/16/2025SenateReported back from conference committee, in place of, placed on calendar
4/8/2025SenateConference committee appointed Holle Dobervich Kiefert
4/1/2025HouseConference committee appointed Paulson Castaneda Braunberger
3/31/2025SenateRefused to concur
3/31/2025SenateReturned to Senate (12)
3/17/2025SenateSecond reading, passed as amended, yeas 86 nays 2
3/14/2025HouseAmendment adopted, placed on calendar
3/12/2025HouseReported back amended, do pass, amendment placed on calendar 12 0 1
3/11/2025HouseCommittee Hearing 09:30
3/10/2025HouseIntroduced, first reading, referred Human Services Committee
2/18/2025HouseReceived from Senate
2/17/2025HouseSecond reading, passed, yeas 44 nays 0
2/14/2025SenateAmendment adopted, placed on calendar
2/13/2025SenateReported back amended, do pass, amendment placed on calendar 7 0 0
2/12/2025SenateCommittee Hearing 02:30
1/29/2025Senate
Bill Text
Adopted by the House Human Services Committee
Adopted by the Senate Judiciary Committee
Enrollment
FIRST ENGROSSMENT
FIRST ENGROSSMENT with Conference Committee Amendments
FIRST ENGROSSMENT with House Amendments
INTRODUCED
Prepared by the Legislative Council staff for Senator Paulson
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