North Dakota Code 27-20.1-16 – Procedure for modification, resignation, or termination of a guardianship
1. A guardian may petition for permission to resign. A petition for permission to resign must include a request for appointment of a successor guardian unless continuation of the guardianship is no longer necessary. Resignation of a guardian does not terminate the guardianship unless specifically ordered by the court.
Terms Used In North Dakota Code 27-20.1-16
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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
2. Any party to the proceeding in which the child’s status was adjudicated, the director, the child, if fourteen or more years of age, or any interested person, may petition for removal or modification of a guardian on the grounds the removal or modification would be in the best interest of the child. A petition for removal or modification must include a request for appointment of a successor guardian unless continuation of the guardianship is no longer necessary.
3. Any party to the proceeding in which the child’s status was adjudicated, the director, the child, if fourteen or more years of age, or any interested person, may petition for termination of the guardianship due to:
a. The child’s death, adoption, marriage, or attainment of majority; b. The withdrawal of the parent’s consent; or
c. The basis for the guardianship no longer exists.
4. The person seeking modification, resignation, removal, or termination of the guardianship shall file a supporting affidavit with the petition demonstrating the basis for the petition, and serve the petition and affidavit on the child, if the child is age fourteen or older, the child’s parents, unless the parents’ rights have been terminated or the parents are deceased, and any interested persons designated by the court in its order. The petition must be reviewed by the court to determine whether to set an evidentiary hearing. If an insufficient showing has been made, the court shall issue an order denying the petition.
5. If, at any time in the proceeding, the court determines it is in the best interest of the child, the court may appoint a guardian ad litem.
6. If, at any time in the proceeding, the court determines the interests of the child are or may be inadequately represented, the court may appoint an attorney to represent the child.