What is a guardianship?

A guardianship is a legal arrangement in North Dakota where an adult, typically referred to as the “guardian,” is appointed by a court to take care of a minor or legally incapacitated adult, the “ward.” Guardians are often responsible for making decisions on the ward’s behalf, such as health care decisions, financial decisions, and living arrangements, all with the goal of protecting the ward’s best interests. Guardians are not always related to the ward, but the court may grant guardianship to a family member if the ward’s needs can be best met with a close family member. The guardianship process in North Dakota can be started by anyone, including a relative of the ward, a friend, a social worker, or even the ward themselves if they are legally capable of doing so. The first step is to file a petition in the district court in the county where the ward lives, and include a recommendation from a medical professional that a guardianship is necessary. The court will then assign a guardian ad litem, who is a lawyer or social worker appointed to represent the best interests of the ward. The court will also hold a hearing where witnesses will be questioned and testimony will be heard before the decision is made. Once a guardianship is established, the guardian is legally responsible to make sure the needs of the ward are met. Depending on the ward’s age and needs, the guardian can live with the ward or be available to handle various tasks. The court must also review the guardianship annually to ensure the ward’s best interests are still being met.

Related FAQs

What is elder financial abuse?
Who can benefit from Elder Law services?
How can I ensure my assets are protected in a long-term care facility?
What is a letter of intent?
What types of issues does Elder Law cover?
What are the tax implications of giving away property?
What is a power of attorney?
How do I create a trust for a minor?
What are the laws regarding end-of-life decisions?
What is a probate avoidance trust?

What is a guardianship?

Related FAQs

Related Blog Posts