summary
Introduced
01/12/2023
01/12/2023
In Committee
03/16/2023
03/16/2023
Crossed Over
01/27/2023
01/27/2023
Passed
03/23/2023
03/23/2023
Dead
Signed/Enacted/Adopted
03/28/2023
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)
Mike Dwyer (R)*,
Judy Lee (R)*,
Jonathan Sickler (R)*,
Larry Klemin (R),
Jon Nelson (R),
Mary Schneider (D),
Last Action
Filed with Secretary Of State 03/28 (on 03/30/2023)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ndlegis.gov/assembly/68-2023/regular/bill-overview/bo2222.html |
| BillText | https://www.ndlegis.gov/assembly/68-2023/regular/documents/23-0620-02000.pdf |
| BillText | https://www.ndlegis.gov/assembly/68-2023/regular/documents/23-0620-01000.pdf |
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