How can a person become a guardian?

In North Dakota, becoming a guardian (also called conservator) of a vulnerable adult or minor requires proving the need for the guardianship and meeting certain legal requirements. The process begins by filing a petition, which is a formal request for the guardianship. The petition must include information on the proposed ward (the person the guardian will be responsible for), why the guardianship is necessary and other needed legal matters related to the case. After the petition is filed, the court may ask for additional information and offers a hearing to allow the petitioner to present their case. The court may call witnesses, evaluate relevant documents, or order an investigation before making a decision. The court also evaluates the petitioner, wherein the court must find out if the petitioner is fit to become the guardian. The court will review the petitioner’s background, conduct a criminal background check, and investigate records to see if the petitioner has a history of acting in the best interests of the person for whom they would be responsible. If the court finds the petitioner to be suitable, the court will issue an order of guardianship, which names the guardian and outlines the responsibilities of the proposed guardian. The guardianship order will also outline the responsibilities of the guardian, the powers they will have, and the limits of their authority. Once the guardianship order is issued, the guardian has a legal duty to act in the best interest of the ward and provide any necessary services or care to the ward.

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