Guardianship in North Dakota
Guardianship in North Dakota is a legal process that grants an individual or entity the authority to make decisions on behalf of another person, known as a ward, who is unable to make decisions for themselves due to incapacity or disability. The guardian is responsible for the ward’s personal, financial, and healthcare decisions, depending on the scope of the guardianship order.
Legal Framework for Guardianship
The legal framework for guardianship in North Dakota is primarily governed by the North Dakota Century Code (N.D.C.C.) and the North Dakota Supreme Court Administrative Rules (N.D. Sup. Ct. Admin. R.).
Types of Guardianship
There are two main types of guardianship in North Dakota: full guardianship and limited guardianship. Full guardianship grants the guardian complete authority over the ward’s affairs, while limited guardianship only grants specific powers as determined by the court.
Professional Guardianship
According to N.D. Sup. Ct. Admin. R. 11.8, a professional guardian is defined as a nonlawyer agent of a professional guardianship entity authorized to prepare and file legal documents in guardianship proceedings. The scope of practice for these agents includes submitting reports, filing motions for changes of venue, termination of guardianship, and approval of guardian compensation, among other duties.
Guardian ad Litem
Under N.D.C.C. § 14-09-06.4 and N.D. Sup. Ct. Admin. R. 8.7, a guardian ad litem is a licensed attorney appointed by the court to represent the best interests of a child in legal proceedings. The guardian ad litem must meet specific training requirements and is appointed under certain circumstances, such as allegations of sexual abuse or domestic violence.
Parenting Coordinators
N.D. Sup. Ct. Admin. R. 8.11 establishes the role of parenting coordinators, who are professionals listed on a roster maintained by the North Dakota Supreme Court. These coordinators assist in resolving disputes between parents regarding the implementation of a parenting plan.
Termination of Parental Rights
In certain cases, the court may terminate parental rights, as outlined in the North Dakota Rules of Civil Procedure. The process involves serving the parent with a petition and notice for termination of parental rights. If the parent’s identity or location is unknown, notice may be given by publication.
Child Support Obligations
Under N.D.C.C. § 14-09-09.27, the state of North Dakota may employ or contract with a licensed attorney to enforce child support obligations. The attorney represents the interest of the people of North Dakota in the enforcement of these obligations.
In conclusion, guardianship in North Dakota is a complex legal process that involves various roles and responsibilities. It is governed by a comprehensive set of laws and regulations designed to protect the best interests of the ward.