North Dakota Code 30.1-28-03.3 – Guardianship proceedings for minor becoming an incapacitated adult
1. As used in this section:
Terms Used In North Dakota Code 30.1-28-03.3
- 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.
- Individual: means a human being. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
a. “Child” means an individual who is under the age of eighteen and is not married.
b. “Child becoming an incapacitated adult” means a child who has reached age seventeen years and six months and is proposed to become an incapacitated adult at age eighteen.
c. “Legal decisionmaking” means the legal right and responsibility to make all legal decisions for a child including those regarding education, health care, and personal care decisions.
2. A petition to establish a guardianship for a child becoming an incapacitated adult may be filed by any person interested in the welfare of the child and having knowledge of the facts alleged or information and belief the facts are true.
3. The procedure in this chapter for appointment of a guardian of an incapacitated adult must be the procedure used for appointment of a guardian for a child becoming an incapacitated adult except the court shall appoint as the guardian any person that had legal decisionmaking responsibility for the child when the child turned seventeen years and six months of age. If the court finds the appointment of the person with legal decisionmaking authority would be contrary to the best interests of the incapacitated adult, the priorities listed in section 30.1-28-11 may be followed.
4. A guardianship order under this section may take effect immediately on the day the child turns eighteen years of age.