Guardianship in North Dakota: Limited vs Full
Guardianship is a legal concept where a court appoints an individual or entity to make decisions on behalf of another person, often referred to as the ward. In North Dakota, there are two types of guardianship: limited and full. The distinction between these two types of guardianship is primarily based on the extent of decision-making authority granted to the guardian.
Limited Guardianship
Limited guardianship, as defined by North Dakota Century Code, is a form of guardianship where the guardian’s powers are restricted to certain areas of the ward’s life. This type of guardianship is typically granted when the ward is capable of making some, but not all, decisions regarding their personal and financial affairs.
Under RULE 11.8. LIMITED PROFESSIONAL GUARDIAN PRACTICE, nonlawyer agents of a professional guardianship entity are authorized to prepare and file legal documents in guardianship proceedings. The scope of practice for these agents is clearly defined and includes tasks such as submitting inventory reports, filing motions for changes of venue, termination of guardianship due to death of ward, and approval of guardian compensation and reimbursement.
Full Guardianship
Full guardianship, on the other hand, grants the guardian complete authority over the ward’s personal and financial affairs. This type of guardianship is typically granted when the ward is incapable of making any decisions on their own due to a physical or mental disability.
In the context of divorce proceedings, a guardian ad litem may be appointed by the court to represent the interests of a minor child. According to North Dakota Century Code 14-07.1-05.1, the guardian ad litem’s role consists of investigation and making a recommendation and report to the court. The guardian ad litem may present a case, cross-examine a witness, deliver a summation, prepare a memorandum of law, file a motion, and file or participate in an appeal on issues involving the best interests of the child.
Key Differences
The key difference between limited and full guardianship lies in the extent of the guardian’s authority. In a limited guardianship, the guardian’s powers are restricted to certain areas of the ward’s life, whereas in a full guardianship, the guardian has complete authority over the ward’s personal and financial affairs.
Another significant difference is the level of court oversight. In a limited guardianship, the court maintains a higher level of oversight to ensure that the guardian is not overstepping their bounds. In contrast, a full guardian has more autonomy, although they are still subject to court oversight and must act in the best interests of the ward.
In the context of divorce proceedings involving minors, a guardian ad litem, whether operating under limited or full guardianship, has a duty to advocate for the best interests of the child. They must work independently, in the same manner as an attorney for a party to the action, and consider, but not be bound by, the wishes of the child or others as to the best interests of the child.
In conclusion, the type of guardianship granted in North Dakota—limited or full—depends on the specific circumstances of the ward and the extent of decision-making authority they are capable of exercising. Regardless of the type of guardianship, the guardian’s primary duty is to act in the best interests of the ward.