Title 30.1, Uniform Probate Code

1. A guardian may move the court for authorization to sell, mortgage, lease, or otherwise encumber or transfer ownership of the real or personal property of the ward, valued at over two thousand five hundred dollars, upon such terms as the court may order, for the purpose of payi…

1. As used in this section: a. "Child" means an individual who is under the age of eighteen and is not married. b. "Child becoming an incapacitated adult" means a child who has reached age seventeen years and six months and is proposed to become an incapacitated adult at age eigh…

1. The court shall exercise the authority conferred in this chapter consistent with the maximum self-reliance and independence of the incapacitated person and make appointive and other orders only to the extent necessitated by the incapacitated person's actual mental and adaptive…

1. By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. 2. A copy of the order appointing the guardian must be served by the petitioner to those giv…

The authority and responsibility of a guardian for an incapacitated person terminates upon the death of the guardian or ward, except, the guardian may arrange for a deceased ward's final disposition and refer the ward's estate to probate, if no other person is available to perfor…

1. The ward or any person interested in the ward's welfare may petition for an order that the ward is no longer incapacitated or no longer incapacitated to the same extent as the ward was when the original guardianship order was made or last reviewed by the court, or that the dut…

1. The court may remove a guardian on its own motion or on petition of the ward or any interested person if removal is in the best interests of the ward. A request for this order may be made by informal letter to the court or judge. The clerk of district court shall send a copy o…

1. In a proceeding for the appointment of a guardian and, if notice is required, for the appointment of an emergency guardian, notice of hearing shall be given by the petitioning party, unless otherwise directed by the court, to each of the following: a. The ward or the proposed …

Notice in a guardianship proceeding subsequent to appointment of a guardian must be given to the parties, the conservator, if any, the ward, and any interested persons designated in the order of the court.

1. On petition by a person interested in the alleged incapacitated individual's welfare, the court may appoint an emergency guardian if the court finds that compliance with the procedures of this chapter likely will result in substantial harm to the alleged incapacitated individu…

1. Any competent person or a designated person from a suitable institution, agency, or nonprofit group home may be appointed guardian of an incapacitated person. No institution, agency, or nonprofit group home providing care and custody of the incapacitated person may be appointe…

1. A guardian of an incapacitated person has only the powers and duties specified by the court. 2. To the extent that it is consistent with the terms of an order by a court of competent jurisdiction, the guardian is entitled to custody of the person of the ward and may establish …

If a guardian fails to file an annual report as required by section 30.1-28-12, fails to file a report at other times as the court may direct, or fails to provide an accounting of an estate, the court, upon its own motion or upon petition of any interested person, may issue an or…

1. If it is in the best interests of the ward, a guardian may restrict visitation, communication, and interaction with the ward. 2. A family member, friend, the ward, clergy member, attorney, agency charged with the protection of vulnerable adults, or other interested person may …

1. The court where the ward resides has concurrent jurisdiction with the court which appointed the guardian, or in which acceptance of a testamentary appointment was filed, over resignation, removal, accounting, and other proceedings relating to the guardianship, including procee…

The powers and duties of guardians and the rights and privileges of wards under guardianships established before July 1, 1990, are as provided by this chapter as it existed on June 30, 1990, and are not affected by chapter 405 of the 1989 Session Laws, except that guardians appoi…

1. A guardian, upon notice and hearing, may request authorization from the court to consent to a ward to be treated with prescribed mood stabilizer or antipsychotic medication. The petition may be considered by the court in the initial procedure for court appointment of a guardia…

1. The involuntary treatment with prescribed mood stabilizer or antipsychotic medication hearing must be held within three business days of the date of the filing of the petition unless waived by the ward or the ward has been released as a person not requiring treatment. The cour…

An initial order for a guardian to consent to involuntary treatment with prescribed mood stabilizer or antipsychotic medication may not exceed ninety days, unless the court is presented with evidence that the ward will continue to require treatment beyond the ninety-day period wi…

This chapter does not limit the use of medications pursuant to sections 25-03.1-16, 25-03.1-18.1, and 25-03.1-24, or prohibit a hospital or treatment facility from rendering medical care without consultation, if care is immediately necessary and delay would endanger the life of o…