North Dakota Code 27-20.1-12 – Findings on petition to appoint guardian of a child – Order of appointment
1. After hearing the evidence on the petition or after a waiver of the hearing, the court shall make and file its findings as to whether the requirements of section 27-20.1-06 have been met, whether the guardian is a fit and willing person, and whether the appointment of the guardian is in the child’s best interest.
Terms Used In North Dakota Code 27-20.1-12
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- year: means twelve consecutive months. See North Dakota Code 1-01-33
2. Upon finding that the requirements of section 27-20.1-06 have been met, the guardian is a fit and willing person, and the appointment of the guardian is in the child’s best interest, the court shall order the appointment. The order must contain:
a. The name, address, and telephone number of the guardian.
b. Notice of the right to appeal the guardianship appointment and of the right to seek modification or termination of the guardianship at any time.
c. If appropriate and in the child’s best interest, the court shall determine the nature and extent, if any, of any contact, sharing of information, and visitation between the parents and the child, and the child and any other interested person.
d. A requirement that the guardian provide, within ninety days from the date of the order, a beginning inventory of any assets owned by the child or in which the child has an interest. The guardian shall file with the court and serve a copy of the beginning inventory on the child if the child is fourteen years of age or older, and any interested persons designated by the court in its order.
e. The date on which the first annual report is due and the requirement to file annually thereafter.
f. The length of time the order is effective. An order appointing or reappointing a guardian under this chapter is effective for up to one year unless the court, upon a showing of good cause, sets a different time frame. An order may not be effective for more than three years.