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Bill > SB2291

ND SB2291

ND SB2291
Visitors in a guardianship proceeding and appointment of successor guardians.

summary

Introduced
01/20/2025
In Committee
03/11/2025
Crossed Over
02/17/2025
Passed
04/25/2025
Dead
Signed/Enacted/Adopted
05/01/2025

Introduced Session

Potential new amendment
69th Legislative Assembly

Bill Summary

AN ACT to create and enact two new sections to chapter 30.1-28 and two new sections to chapter 30.1-29 of the North Dakota Century Code, relating to removal, resignation and death of a guardian, notices in a guardianship, notices in a conservatorship, and confidentiality of reports; to amend and reenact subsection 1 of section 23-12-13, subsection 1 of section 25-03.1-18.1, subsection 1 of section 27-20.1-17, sections 30.1-01-06 and 30.1-28-03.1, subsection 3 of section 30.1-28-03.2, section 30.1-28-04, subsection 1 of section 30.1-28-05, section 30.1-28-07, subsection 1 of section 30.1-28-09, sections 30.1-28-10.1, 30.1-28-12, 30.1-28-12.1, 30.1-28-12.2, and 30.1-29-05, subsection 6 of section 30.1-29-07, subsection 2 of section 30.1-29-08, sections 30.1-29-13 and 30.1-29-18, subsection 3 of section 30.1-29-19, subsection 1 of section 30.1-29-20.1, subsection 2 of section 30.1-29-22, and subsection 5 of section 30.1-29-25 of the North Dakota Century Code, relating to incapacitated persons, court- authorized involuntary treatment, guardianship of a child, guardianship of an incapacitated person, and protection of property of persons under disability and minors; and to repeal sections 30.1-26-01, 30.1-28-08, and 30.1-28-15 of the North Dakota Century Code, relating to visitors in a guardianship proceeding and appointment of successor guardians.

AI Summary

This bill comprehensively updates North Dakota's guardianship and conservatorship laws to improve protections for wards and clarify legal procedures. It introduces several key changes, including expanding the definition of an "incapacitated person", creating new provisions for removing, resigning, or replacing guardians, and establishing more detailed notice requirements for guardianship and conservatorship proceedings. The bill defines an "alternative resource plan" as a potential alternative to guardianship that uses support services like home health aides, powers of attorney, and supported decisionmaking. It also strengthens guardians' fiduciary duties, clarifies their liability, and adds provisions requiring guardians to safeguard the ward's civil rights and personal autonomy. Importantly, the bill mandates that guardians must use the "least restrictive form of intervention" and involve the ward as fully as possible in decision-making. The legislation aims to balance protecting vulnerable individuals with preserving their personal freedom and dignity by providing more structured and compassionate oversight of guardianship and conservatorship arrangements.

Committee Categories

Government Affairs, Justice

Sponsors (6)

Last Action

House Amendment 25.1110.04000 - House Amendment 25.1110.04000 (on 05/17/2025)

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