North Dakota Code 30.1-29-04 – (5-404) Original petition for appointment or protective order
1. The person to be protected, any person who is interested in the estate, affairs, or welfare of the person to be protected, including the protected person’s parent, guardian, or custodian, or any person who would be adversely affected by lack of effective management of property and affairs of the person to be protected may petition for the appointment of a conservator or for other appropriate protective order.
Terms Used In North Dakota Code 30.1-29-04
- 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
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. The petition must state or include, to the extent known:
a. The interest of the petitioner; b. The name, age, residence, and address of the person to be protected; c. The name and address of the guardian of the person to be protected, if any; d. The name and address of the nearest relative of the person to be protected known to the petitioner; e. A general statement of property of the person to be protected with an estimate of the value thereof, including any compensation, insurance, pension, or allowance to which the person to be protected is entitled; f. The extent of conservatorship authority sought; g. The name and address of any person designated as an attorney in fact or agent in a power of attorney; h. The name and address of any representative payee for the person to be protected; i. That less intrusive alternatives to conservatorship have been considered; j. If the appointment of a conservator is requested under subdivision a of subsection 2 of section 30.1-29-01, an attached recent statement, if any, from an expert examiner which describes the physical, mental, and emotional limitations of the person to be protected; k. The reason why appointment of a conservator or other protective order is necessary; and
l. If the appointment of a conservator is requested, the name and address of the person whose appointment is sought and the basis of the person’s priority for appointment.