North Dakota Code 30.1-26-01 – (5-101) Definitions and use of terms
Unless otherwise apparent from the context, in this title:
Terms Used In North Dakota Code 30.1-26-01
- 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
1. “Alternative resource plan” means a plan that provides an alternative to guardianship, using available support services and arrangements which are acceptable to the alleged incapacitated person. The plan may include the use of providers of service such as visiting nurses, homemakers, home health aides, personal care attendants, and adult day care; home and community-based care, human service zones, and developmental disability services; powers of attorney, durable powers of attorney, health care directives, and supported decisionmaking; representative and protective payees; and licensed congregate care facilities.
2. “Incapacitated person” means any adult person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, or chemical dependency to the extent that the person lacks capacity to make or communicate responsible decisions concerning that person’s matters of residence, education, medical treatment, legal affairs, vocation, finance, or other matters, or which incapacity endangers the person’s health or safety.
3. “Least restrictive form of intervention” means that the guardianship imposed on the ward must compensate for only those limitations necessary to provide the needed care and services, and that the ward must enjoy the greatest amount of personal freedom and civil liberties consistent with the ward’s mental and physical limitations.
4. A “protected person” is a minor or other person for whom a conservator or limited conservator has been appointed or other protective order has been made.
5. A “protective proceeding” is a proceeding under the provisions of section 30.1-29-01 to determine that a person cannot effectively manage or apply the person’s estate to necessary ends, either because the person lacks the ability or is otherwise inconvenienced, or because the person is a minor, and to secure administration of the person’s estate by a conservator or other appropriate relief.
6. “Refusal” means a clear and unequivocal response declining to accept prescribed mood stabilizer or antipsychotic medication.
7. A “ward” is a person for whom a guardian or limited guardian has been appointed. A “minor ward” is a minor for whom a guardian has been appointed solely because of minority.