Bill > HB1262

This bill amends North Dakota law regarding guardianship for incapacitated persons by clarifying and strengthening protections for individuals under guardianship. The bill requires courts to appoint guardians only when absolutely necessary, emphasizing the importance of preserving an individual's independence and self-reliance. Specifically, the bill adds a provision that prevents a proposed ward's guardian from being the proposed ward themselves, and mandates that courts must find clear and convincing evidence that guardianship is the best and least restrictive option for protecting the individual's health, safety, and well-being. The legislation maintains existing protections that prevent automatic loss of legal rights like voting, changing marital status, or obtaining a driver's license, and requires courts to specify the exact powers granted to a guardian in different decision-making areas such as residential, medical, financial, and legal matters. Additionally, the bill requires guardians to provide a detailed inventory of the ward's assets within 90 days of appointment and establishes a review process for guardianships, with orders typically effective for up to five years and subject to periodic reassessment to ensure the continued necessity of the guardianship.

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https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo1262.html