North Dakota Code 27-20.1-17 – Expiration and termination of guardianship of a child
1. An order appointing or reappointing a guardian under this chapter is effective for up to one year unless the court, upon a finding of good cause, sets a different time frame.
Terms Used In North Dakota Code 27-20.1-17
- 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.
- 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
- 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.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Rule: includes regulation. See North Dakota Code 1-01-49
- year: means twelve consecutive months. See North Dakota Code 1-01-33
An order may not be effective for more than three years. At least sixty days before the expiration of the initial order of appointment or any following order of reappointment, the court shall request and consider information submitted by the guardian, the child, if fourteen years of age or older, the child’s attorney, if any, the child’s parents, and any interested persons regarding whether the need for a guardianship continues to exist. The court, at its discretion, may appoint a guardian ad litem in accordance with section 27-20.1-08, before the hearing. The court shall hold a hearing on whether the guardianship should continue. Following the hearing and consideration of submitted information, the court may:
a. Terminate the guardianship if shown by clear and convincing evidence that the circumstances that led to the guardianship no longer exist; b. Reappoint the guardian for up to three years; or c. Appoint a new guardian.
2. A guardian’s authority and responsibility terminates upon the death, resignation, or removal of the guardian, or upon the child’s death, adoption, marriage, or attainment of majority, but termination does not affect the guardian’s liability for prior acts or the guardian’s obligation to account for funds and assets of the child.
3. The supreme court, by rule or order, shall provide for the regular review of guardianships in existence on August 1, 2019.