If a vulnerable adult who is subject to abuse or neglect is unable to consent and accept, or the caregiver refuses, adult protective services determined by the department or the department’s designee to be necessary under this chapter, the department or the department’s designee may pursue any administrative, legal, and other remedies authorized by law which are necessary and appropriate under the circumstances to protect the vulnerable adult and prevent further abuse or neglect. The state‘s attorney of the county in which the vulnerable adult resides or is located shall assist the department or the department’s designee, upon request, in pursuing an appropriate remedy. Available remedies include seeking:

Terms Used In North Dakota Code 50-25.2-07

  • 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
  • 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

1.    The appointment of a guardian under chapter 30.1-28 or a conservator under chapter 30.1-29; 2.    A restraining order or other court order necessary under the circumstances;     3.    The removal of an abusive or neglectful guardian or conservator and appointment of a suitable person as guardian or conservator, pursuant to sections 30.1-28-07 and 30.1-29-15; 4.    The provision of appropriate treatment under chapter 25-03.1; 5.    The criminal prosecution of the individual responsible for the abuse or neglect; and

6.    Any other available administrative, legal, or other remedies on behalf of the vulnerable adult.

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