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ND SB2222

ND SB2222
A conservatorship.


summary

Introduced
01/12/2023
In Committee
03/16/2023
Crossed Over
01/27/2023
Passed
03/23/2023
Dead
Signed/Enacted/Adopted
03/28/2023

Introduced Session

68th Legislative Assembly

Bill Summary

AN ACT to create and enact a new section to chapter 30.1-29 of the North Dakota Century Code, relating to emergency conservators; to amend and reenact section 30.1-03-02, subsection 1 of section 30.1-29-05, sections 30.1-29-07 and 30.1-29-08, subsection 1 of section 30.1-29-09, and sections 30.1-29-18, 30.1-29-19, 30.1-29-22, 30.1-29-24, and 30.1-29-25 of the North Dakota Century Code, relating to a conservatorship.

AI Summary

This bill creates a new section to allow for the appointment of an emergency conservator in North Dakota, and amends several existing sections of the state's conservatorship laws. Key provisions include: - Allowing the court to appoint an emergency conservator without prior notice in certain circumstances where the person's estate would be substantially harmed before a hearing could be held. However, the person must be given notice within 48 hours and a hearing held within 10 days. - Requiring the court to appoint a guardian ad litem to advocate for the best interests of the person's estate in the emergency conservatorship proceeding. - Clarifying that the appointment of an emergency conservator is not a determination that the person needs long-term protection. - Modifying requirements around notice, reporting, and termination of conservatorships more broadly. - Providing more detailed guidance on the process for a conservator to seek court approval to sell a protected person's real estate. The bill aims to balance the need for timely protection of a person's estate in emergency situations with due process protections for the individual.

Committee Categories

Justice

Sponsors (6)

Last Action

Filed with Secretary Of State 03/28 (on 03/30/2023)

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