All Roll Calls
Yes: 269 • No: 3
North DakotaSB 22912025 Regular SessionSenate
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)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
13 provisions identified: 7 benefits, 1 costs, 5 mixed.
Adult guardianship balances care and freedom
The law defines when an adult qualifies as incapacitated for guardianship. A mental, physical, or chemical-dependency impairment must prevent responsible decisions or endanger the adult’s health or safety. Guardianship allows protective care but can limit the adult’s choices. Any limits must be necessary for care and services, preserving the greatest possible freedom and civil rights.
Courts can extend initial guardianship orders
Courts can extend an initial guardianship order by up to 90 days when its review hearing cannot happen before expiration. The court must find good cause and issue new guardianship papers showing the new end date. This keeps the care arrangement in place but also continues the person’s guardianship restrictions.
Medication court orders reach voluntary patients
Qualified mental-health professionals can seek court-approved medication for voluntary patients in public treatment facilities, as well as patients under treatment orders. Notice, a hearing, and certification by a psychiatrist or an uninvolved final-year psychiatric resident are required. Certification must address clinical need, appropriate treatment, the least restrictive option, and lack of capacity or refusal. Refusal means clearly declining a prescribed mood stabilizer or antipsychotic; the definition alone does not require treatment. Patients can request an independent examiner or more hearing preparation time.
Emergency appointments get faster court review
Courts must hold hearings within 10 days after petitions for an emergency guardian or court-appointed money manager are filed. Emergency appointments last up to 90 days. A guardian appointment without advance notice requires sworn evidence of substantial harm before a hearing. The spouse and anyone else the court directs must then receive notice within 48 hours. Emergency money management requires likely substantial harm to the estate through ordinary procedures, no authorized and willing alternative, and hearing notice.
Families get clearer court notice rules
The law identifies who counts as an interested person in guardianship and court-managed property cases. This includes petitioners, specified relatives, lawyers, representative payees, court-designated people, and adults who shared the person’s home for over six months. After appointment, notice goes to case parties, the protected person, court-designated interested people, and any guardian or court-appointed money manager. The guardianship hearing-notice rule lists appointments and emergency appointments when notice is required, rather than removal, change, or termination proceedings.
Guardian replacements require notice and accounting
Courts can remove a guardian in the person’s best interests or accept the guardian’s request to resign. After removal, resignation, or death, courts can appoint a replacement or issue another suitable order. Appointment without a hearing requires notice offering one, with no hearing requested by or for the person under guardianship. Departing guardians must file a final report and accounting; after death, their estate’s personal representative must file them. Filing alone does not mean court approval.
Guardianship and financial reports stay private
Guardianship and court-managed property reports and financial accounts are closed to public inspection. This includes annual and final reports and reports by court-appointed advocates or expert examiners; guardianship visitor reports are also private. Courts, case parties, their lawyers, and people authorized by court rules retain access. Courts can allow others access for good cause. Protected treatment information and financial account numbers also remain confidential, subject to specified access rules.
Major estate decisions require court safeguards
Courts must give notice and hold a hearing before approving specified actions involving a protected person’s money or property. These include gifts exceeding 20 percent of the estate’s income for any year and insurance or annuity beneficiary changes. Certain decisions to give up property rights also require this review. The court must find the action serves the person’s best interests. The person must have consented or be unable to consent.
Protected people get reports and review rights
Guardians must mail annual and court-required reports to the person under guardianship and court-designated interested people. Court-appointed money managers must provide property inventories and required reports to the people named by law. Inventories are due within 90 days of appointment. Reports must explain the protected person’s right to seek changes, limits, or termination at any time. In property-protection cases, the court, petitioner, protected person, or appointed court advocate can require report writers to testify and answer questions.
Clinicians can determine health consent incapacity
A physician, psychiatrist, or psychologist can determine incapacity for health-care consent involving a minor or someone unable to consent. The existing priority order for people authorized to consent on the patient’s behalf remains in place.
Some court notice requirements are removed
The law removes a petitioner’s specific duty to serve a guardian in a case started by an interested person. It also repeals former notice rules for petitions seeking a court-appointed money manager or another property-protection order. Those rules required personal service on the person needing protection at least 14 days before the hearing. They also required notice to people requesting it and other interested people. This repeal does not establish that all notice duties end.
Families challenging contact limits must notify
People challenging a guardian’s contact or visitation restriction must serve their request on the people named by law. The request must explain their relationship to the person under guardianship and why the restriction is unreasonable or arbitrary. The court must notify the person filing and the required recipients about the hearing.
Guardians gain personal financial protections
Guardians owe a duty to act for the person in their care, but need not spend their own money. They are not liable for that person’s acts unless they are grossly negligent. Guardians also avoid liability for a provider’s wrongful conduct when they used reasonable care in choosing the provider.
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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