Guardianship of a Child or Adult in North Dakota

Any person interested in the welfare of a child may petition the juvenile court, generally in the county where the child lives. The petition needs a supporting affidavit showing the basis for the guardianship and that it is in the child's best interest; the court appoints a lay guardian ad litem and sets a hearing. The court may appoint a guardian if it finds by clear and convincing evidence that the appointment is in the child's best interest and either both parents are dead (or the surviving parent's rights were terminated) with no guardian named by will, the parents consented in writing by affidavit, parental rights were terminated, or the child is a child in need of protection. A parent may also name a guardian in a will, which takes effect after court approval in the district court where the will is probated.

Any person interested in the welfare of an allegedly incapacitated adult may petition the court; the petition must state that less intrusive alternatives were considered. A guardian may be appointed only on clear and convincing evidence that the person is incapacitated, that no suitable alternative resource plan could be used instead, that guardianship is the best means of providing care, and that the powers granted are the least restrictive form of intervention. Age, eccentricity, poverty or a medical diagnosis alone is not enough. The court must consider any existing durable powers of attorney and health care powers of attorney, and a durable power of attorney for health care generally takes precedence over a guardian's medical decision authority. Unless the court specifically finds otherwise, the person keeps the right to vote, to marry or divorce, and to keep a driver's license.