Title 30.1, Uniform Probate Code

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…

Upon petition and after notice and hearing in accordance with the provisions of this chapter, the court may appoint a conservator or make other protective order for cause as follows: 1. Appointment of a conservator or other protective order may be made in relation to the estate a…

Venue for proceedings under this chapter is: 1. In the place in this state where the person to be protected resides whether or not a guardian has been appointed in another place. 2. If the person to be protected does not reside in this state, in any place where the person has pro…

1. The person to be protected, any person who is interested in the estate, affairs, or welfare of the person to be protected, including the protected person's parent, guardian, or custodian, or any person who would be adversely affected by lack of effective management of property…

On a petition for appointment of a conservator or other protective order, the petitioning party shall cause notice of the proceeding to be served personally on the person to be protected and the spouse of the person to be protected or, if none, the parents of the person to be pro…

Notice in a conservatorship proceeding subsequent to appointment of a conservator must be given to the parties, the guardian, if any, the individual in need of protection, and any interested persons designated by the court.

Any interested person who desires to be notified before any order is made in a protective proceeding may file with the court a request for notice subsequent to payment of any fee required by statute or court rule. The clerk shall mail a copy of the demand to the conservator if on…

1. Upon receipt of a petition for appointment of a conservator or other protective order because of minority, the court shall set a date for hearing on the matters alleged in the petition. The proposed conservator, if any, shall attend the hearing unless excused by the court for …

1. A written report prepared and submitted by a guardian ad litem or expert examiner and annual and final reports and financial accounting prepared and submitted by a conservator are closed to the public and are not open to inspection except by the court, parties to the proceedin…

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

1. If it is established in a proper proceeding that a basis exists, as described in section 30.1-29-01, for affecting the property and affairs of a person, the court, without appointing a conservator, may authorize, direct, or ratify any transaction necessary or desirable to achi…

1. The court may appoint an individual, limited liability company, association, corporation, or other entity with general power to serve as trustee, as conservator of the estate of a protected person. 2. Unless lack of qualification or other good cause dictates the contrary, the …

Except as provided herein, the court shall require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify. Unless reduced or waived by the court for good cause, the bond shall be in the am…

1. The following requirements and provisions apply to any bond required under section 30.1-29-11: a. Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each other. b. By executing an approved bond o…

By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding, relating to the estate, that may be instituted by any interested person.

1. When the estate is derived, in whole or in part, from money paid or being paid by the veterans' administration to the conservator or the conservator's predecessor for the benefit of the protected person, the compensation allowed from such money to the conservator shall be limi…

1. The court may remove a conservator for good cause, upon notice and hearing, or accept the resignation of a conservator. After a conservator's death, resignation, or removal, the court may appoint another conservator. A conservator so appointed succeeds to the title and powers …

1. Any person interested in the welfare of a person for whom a conservator has been appointed may file a petition in the appointing court for an order: a. Requiring bond or security or additional bond or security, or reducing bond; b. Requiring an accounting for the administratio…

In the exercise of conservator's powers, a conservator is to act as a fiduciary and shall observe the standards of care applicable to trustees.

Within ninety days after appointment, every conservator shall prepare and file with the appointing court a complete inventory of the estate of the protected person together with the conservator's oath or affirmation that it is complete and accurate so far as the conservator is in…

1. At least once annually and at other times as the court may direct, a conservator shall file a report and account with the court regarding the exercise of powers and duties specified in the court's order of appointment. The report must describe any expenditure and income affect…

The appointment of a conservator vests in the conservator title as trustee to all property of the protected person, presently held or thereafter acquired, including title to any property theretofore held for the protected person by custodians or attorneys in fact, or to the part …

1. On petition by a person interested in the estate of the person to be protected, the court may appoint an emergency conservator if the court finds that compliance with the procedures in this chapter likely will result in substantial harm to the estate of the person to be protec…

Letters of conservatorship are evidence of transfer of all assets, or the part thereof specified in the letters, of a protected person to the conservator. An order terminating a conservatorship is evidence of transfer of all assets of the estate subjected to the conservatorship f…

1. Any sale or encumbrance to a conservator, the conservator's spouse, agent, or attorney, or any corporation, limited liability company, or trust in which the conservator has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of int…

A person who in good faith either assists a conservator or deals with the conservator for value in any transaction other than those requiring a court order as provided in section 30.1-29-08 is protected as if the conservator properly exercised the power. The fact that a person kn…

1. A conservator has all of the powers conferred herein and any additional powers conferred by law on trustees in this state. 2. A conservator has power, without court authorization or confirmation, to invest and reinvest funds of the estate as would a trustee. 3. A conservator, …

1. A conservator may expend or distribute income or principal of the estate without court authorization or confirmation for the support, education, care, or benefit of the protected person and the protected person's dependents in accordance with the following principles: a. The c…

Subject to the restrictions in subdivision d of subsection 2 of section 30.1-29-08, the court may confer on a conservator at the time of appointment or later, in addition to the powers conferred on the conservator by sections 30.1-29-24 and 30.1-29-25, any power which the court i…

In investing the estate, and in selecting assets of the estate for distribution under subsections 1 and 2 of section 30.1-29-25, in utilizing powers of revocation or withdrawal available for the support of the protected person, and exercisable by the conservator or the court, the…

1. A conservator must pay from the estate all just claims against the estate and against the protected person arising before or after the conservatorship upon their presentation and allowance. A claim may be presented by either of the following methods: a. The claimant may delive…

1. Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in the conservator's fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the conservator's representative…

The protected person, the protected person's personal representative, the conservator, or any other interested person may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedures as in an original pr…

Any person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected person may pay or deliver to a conservator, guardian of the estate, or other like fiduciary appointed by a court o…

A durable power of attorney is a power of attorney by which a principal designates another as the principal's attorney in fact in writing and the writing contains the words "This power of attorney is not affected by subsequent disability or incapacity of the principal or by lapse…

All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and the principal's successors in interest as if the principal were …

1. If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator, guardian of the estate, or other fiduciary charged with the management of all of the principal's property or all of the principal's property except specified exc…

1. The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power. Any…

As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in fact under a power of attorney, durable or otherwise, stating that the attorney in fact did not have at the time of exercise of the power actual knowledge of the termination of the powe…

If any power of attorney, durable or otherwise, or other writing authorizes an attorney in fact or other agent to perform any act that the principal might or could do or evidences the principal's intent to give the attorney in fact or agent full power to handle the principal's af…

1. A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retir…

As used in sections 30.1-31-02 through 30.1-31-20: 1. "Account" means a contract of deposit between a depositor and a financial institution, and includes a checking account, savings account, certificate of deposit, and share account. 2. "Agent" means a person authorized to make a…

Sections 30.1-31-03 through 30.1-31-20 do not apply to: 1. An account established for a partnership, joint venture, limited liability company, or other organization for a business purpose; 2. An account controlled by one or more persons as an agent or trustee for a corporation, l…