North Dakota Code 25-04-15 – Expenses chargeable against guardianship estate of individual served – Restrictions
The expenses chargeable by the state for the care and treatment of any individual served over twenty-one years of age at the life skills and transition center must be charged against the guardianship estate of such individual, if the individual has such an estate, subject to the following restrictions:
Terms Used In North Dakota Code 25-04-15
- Dependent: A person dependent for support upon another.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
1. No part of the estate may be taken for such purpose if the individual has dependents within the United States dependent upon the estate for support and the taking of all or a portion of the estate would result in undue hardship to those dependents.
2. No real property belonging to the estate may be sold during the lifetime of the individual served except for the maintenance and support of the individual served’s dependents, unless it is shown that the sale of the property will not result in undue hardship to those dependents, and it may be sold only upon the order of the district court having jurisdiction of the estate, with the consent of the department.
3. No personal property belonging to the estate may be sold within five years from the date upon which the individual was sent to the life skills and transition center unless the property is ordered sold by the district court having jurisdiction of the estate for the reason that the property is likely to deteriorate in value during the time herein specified.
4. No claim may be made to recover from the estate of a former individual served of the life skills and transition center who has left the life skills and transition center and married and leaves a spouse or issue dependent upon such estate.