North Dakota Guardianship Laws: Adults, Children and Conservators (2026)

In North Dakota, guardianship of an adult is a court proceeding under chapter 30.1-28 of the North Dakota Century Code, and a conservator for a person's estate and affairs is appointed under chapter 30.1-29. The court may appoint a guardian for an adult only after finding, by clear and convincing evidence, that the person is an incapacitated person, that no available alternative resource plan could be used instead, that guardianship is necessary as the best means of providing care, supervision or habilitation, and that the guardian's powers are the least restrictive form of intervention (N.D.C.C. § 30.1-28-04(2)(c)).

Children follow a different track. The juvenile court has exclusive original jurisdiction over guardianship of a child under chapter 27-20.1, except for a parent's appointment of a guardian by will (chapter 30.1-27) and the appointment of a guardian for a minor who is becoming an incapacitated adult (N.D.C.C. § 30.1-28-03.3), which both stay in the probate chapters (§ 27-20.1-02). For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers North Dakota state law on guardianship of adults (N.D.C.C. chapter 30.1-28), conservatorship and protective orders (chapter 30.1-29), guardianship of children in juvenile court (chapter 27-20.1) and by a parent's will (chapter 30.1-27), delegation of parental powers (§ 30.1-26-04), supported decisionmaking (chapter 30.1-36), the health-care consent priority list (§ 23-12-13) and interstate transfer (chapter 28-35). It does not cover custody disputes between parents (see North Dakota child custody laws), grandparent visitation (see North Dakota grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see North Dakota probate), child-protection cases, which have their own dispositions, or civil commitment and mental-health holds.

North Dakota guardianship terms and where the law lives

North Dakota's guardianship statutes follow Article V of the Uniform Probate Code, and each section carries its uniform-code number in parentheses (for example, § 30.1-28-03 is "(5-303)"). The definitions now sit in § 30.1-01-06:

"Incapacitated person" means any adult individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, or chemical dependency to the extent that the individual lacks capacity to make or communicate responsible decisions concerning the individual's matters of residence, education, medical treatment, legal affairs, vocation, finance, or other matters, or if the incapacity endangers the individual's health or safety.

N.D.C.C. § 30.1-01-06(25)

A "ward" is "an individual for whom a guardian has been appointed," and a "minor ward" is a minor for whom a guardian has been appointed solely because of minority (§ 30.1-01-06(63)). A "protected person" is a minor or other individual for whom a conservator or limited conservator has been appointed, or other protective order has been made (§ 30.1-01-06(46)).

One more definition drives the adult findings. An "alternative resource plan" means "an alternative plan to guardianship which uses available support services and arrangements acceptable to the alleged incapacitated person," and the term includes powers of attorney, durable powers of attorney, health care directives and supported decisionmaking, among other arrangements (§ 30.1-01-06(2)).

How to get guardianship of a child in North Dakota

Except for a parent's will appointment, guardianship of a child is decided by the juvenile court under chapter 27-20.1 (N.D.C.C. § 27-20.1-02).

What the court must find

The standard combines a burden of proof with a required ground:

1. The court may appoint a guardian of a child if the court finds by clear and convincing evidence that the appointment is in the child's best interest and: a. Both parents are deceased or the surviving parent's rights have been terminated by a previous court order, but there has been no appointment of a guardian for the child by will, ...; b. The parents have consented in writing by affidavit; c. All parental rights have been previously terminated; or d. The child is a child in need of protection as defined under section 27-20.1-01.

N.D.C.C. § 27-20.1-11(1)

When a parent is living, has not consented in writing and still has parental rights, the only ground the subsection leaves is that the child is a child in need of protection as § 27-20.1-01 defines it, and the court must still find by clear and convincing evidence that the appointment is in the child's best interest.

The court "may appoint as guardian any fit and willing person whose appointment would be in the best interest of the child." If the court finds by clear and convincing evidence that the child is mature enough to make a sound judgment, or the child is 14 or older, the court may give substantial weight to the child's preference (§ 27-20.1-11(2)). Separately, a juvenile court may appoint a guardian as a dispositional alternative for a child adjudicated in need of protection or delinquent (§ 27-20.1-11(3)).

The process

• Objection window. The petition must state that anyone interested in the child's welfare who opposes the proposed guardian must file an objection and a demand for hearing within ten days of service of the petition. If no objection is filed in that time, the court may appoint the guardian without a hearing after reviewing the guardian ad litem's report (§ 27-20.1-08(3)(b)).
• Guardian ad litem report. The guardian ad litem must file a report within 20 days after appointment (§ 27-20.1-08(3)(d)).
• Counsel for parents. A parent who is indigent and unable to employ counsel is entitled to counsel at public expense (§ 27-20.1-09(2)).
• No jury. A hearing under the chapter is conducted by the court without a jury (§ 27-20.1-10(1)).

What the parents keep and what the guardian may decide

"An order appointing a guardian of a child suspends any authority of a parent that is granted to the guardian under that order" (§ 27-20.1-13(1)). While the guardianship is in effect, the parent has parenting time, contact and information to the extent the order delineates (and may petition for specific enforcement of those terms), inherits from the child, and is treated as a party in later juvenile court proceedings regarding the child (§ 27-20.1-13(1), (2)), and "the parent has the primary responsibility to financially support the child" (§ 27-20.1-13(3)).

If a parent still has parental rights, the guardian has the powers and responsibilities of a legal custodian. If no parent has remaining parental rights, the guardian has the rights of a legal custodian plus authority to consent to the child's adoption, marriage, enlistment in the armed forces, and surgical and other medical treatment (§ 27-20.1-15(1)).

How long it lasts and how it ends

An order appointing or reappointing a guardian of a child "is effective for up to one year unless the court, upon a finding of good cause, sets a different time frame," and an order may not be effective for more than three years (§ 27-20.1-17(1)). On review, the court may end the guardianship if it is shown by clear and convincing evidence that the circumstances that led to it no longer exist, reappoint the guardian for up to three years, or appoint a new guardian. The guardian's authority also ends on the guardian's death, resignation or removal, or on the child's death, adoption, marriage or reaching majority (§ 27-20.1-17).

Between reviews, any party, the child if 14 or older, or any interested person may petition to terminate the guardianship because of the child's death, adoption, marriage or majority, the withdrawal of the parent's consent, or because the basis for the guardianship no longer exists, or may petition to remove or modify the guardian in the child's best interest. The petition needs a supporting affidavit, and the court denies it without an evidentiary hearing if the showing is insufficient (§ 27-20.1-16(2) to (4)).

Emergency guardian of a child

On petition by a person interested in the child's welfare, the court may appoint an emergency guardian if it finds that following the chapter's normal procedures "will likely result in substantial harm to the child's health, safety, or welfare." The court must hold a hearing on the appropriateness of the emergency appointment within 96 hours. If the emergency guardian is found appropriate, the court may order the emergency guardian to remain for no more than 60 days from the hearing, and may extend the emergency order for up to six months (§ 27-20.1-18).

A child's money without a conservator

A person who owes money or personal property to a minor may pay or deliver it, "in amounts not exceeding five thousand dollars per annum," to the minor if married, to a person with care and custody of the minor with whom the minor lives, to a guardian of the minor, or to a federally insured savings account in the minor's sole name (N.D.C.C. § 30.1-26-03).

Can a parent name a guardian in a will in North Dakota?

Yes. "The parent of a minor may appoint by will a guardian of an unmarried minor" (N.D.C.C. § 30.1-27-02). The appointment works only in limited circumstances:

• When it takes effect. A testamentary appointment "becomes effective upon filing the guardian's acceptance in the court in which the will is probated and remains effective upon approval by the court either after or without a hearing, if, before acceptance, both parents are dead or the surviving parent's rights have been terminated by prior court order" (§ 30.1-27-02).
• Background check. Within 45 days of filing the acceptance, the testamentary guardian must file a criminal history record check report and affidavit with the court (§ 30.1-27-02).
• Guardian ad litem. The guardian ad litem in the case submits a written report within 60 days of appointment (§ 30.1-27-06(2)(e)).
• Objections. Any person interested in the minor's welfare, including the minor, may object to the testamentary guardian as contrary to the minor's best interests within 14 days of the filing of the guardian ad litem's report (§ 30.1-27-07(1)).

Other court appointments of a guardian for a child run through the juvenile court (§ 27-20.1-02).

For an adult, a spouse or parent who is already guardian of an adjudicated incapacitated person may name a successor guardian by will. The appointment takes effect when the successor, after seven days' prior written notice to the person and to the caregiver or nearest adult relative, files an acceptance in the court where the will is probated, and the person's written objection terminates it, though the court may still appoint the nominee or another suitable person in a proper proceeding (N.D.C.C. § 30.1-28-01). The general rules for making a valid will are on our North Dakota wills and trusts page.

Letting a relative care for a child without going to court

The Century Code's probate title lets a parent delegate powers for a limited time:

A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of the parent's or guardian's powers regarding care, custody, or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward.

N.D.C.C. § 30.1-26-04

The delegation is capped at six months and cannot include consent to a minor ward's marriage or adoption. A court-appointed guardian of a child, however, may not delegate authority as a guardian under a power of attorney without prior approval from the court (§ 27-20.1-15(2)(i)). A parent who wants a court-ordered arrangement can consent in writing by affidavit to a juvenile court guardianship, which is one of the grounds in § 27-20.1-11(1)(b).

How to become guardian of an adult in North Dakota

The petition

The petition must state, among other things, the extent of authority sought (full, limited or none) in each area of residential, educational, medical, legal, vocational and financial decisionmaking; that less intrusive alternatives to guardianship have been considered; an attached recent statement from an expert examiner, if available; and whether the petition seeks to restrict the person's rights to vote, to seek to change marital status, to obtain or retain a driver's license, or to use, own, control or possess a firearm (N.D.C.C. § 30.1-28-03(2)).

Notice

Unless the court directs otherwise, the petitioner must have notice served personally on the proposed ward, and on the proposed ward's spouse and parents if they can be found within the state. The notice must be printed in not less than double-spaced 12-point type, must inform the proposed ward of the rights at the hearing, and must describe the nature, purpose and consequences of appointing a guardian (§ 30.1-28-09(2), (3)). The section does not state a number of days before the hearing.

The guardian ad litem, the examiner and the visitor

When a petition is filed, "the court promptly shall set a date for hearing on the issues of incapacity, appoint an attorney to act as guardian ad litem, appoint an expert examiner to examine the proposed ward, and appoint a visitor to interview the proposed guardian and the proposed ward" (§ 30.1-28-03(3)).

The appointed attorney's job is not the usual one. The attorney's duties include "advocating for the best interests of the proposed ward," and "the appointed attorney serving as legal guardian ad litem may not represent the proposed ward or ward in a legal capacity" (§ 30.1-28-03(4)(c)). The person keeps the right to retain a lawyer of his or her own.

The hearing

The proposed ward "must be present at the hearing in person or by remote means, unless good cause is shown for the absence," and "good cause does not consist only of the physical difficulty of the proposed ward to attend the hearing." The proposed ward may present evidence and cross-examine witnesses, including the court-appointed expert examiner and the visitor (§ 30.1-28-03(8)).

The burden of proof and the findings

The court must hear evidence that the proposed ward is incapacitated, and age, eccentricity, poverty or medical diagnosis, without more, is not enough to justify a finding of incapacity (§ 30.1-28-04(2)(a)). It may then appoint a guardian and confer specific powers:

only after finding in the record based on clear and convincing evidence that: (1) The proposed ward is an incapacitated person; (2) There is no available alternative resource plan that is suitable to safeguard the proposed ward's health, safety, or habilitation which could be used instead of a guardianship; (3) The guardianship is necessary as the best means of providing care, supervision, or habilitation of the ward; and (4) The powers and duties conferred upon the guardian are appropriate as the least restrictive form of intervention consistent with the ability of the ward for self-care.

N.D.C.C. § 30.1-28-04(2)(c)

Limited powers and a five-year term

"The order appointing a guardian confers upon the guardian only those powers and duties specified in the order" (§ 30.1-28-04(5)), and the petition itself sets out full, limited or no authority area by area.

The order also has a time limit. "Unless terminated earlier by the court, an order appointing or reappointing a guardian under this section is effective for up to five years." At least 90 days before an order expires, the court must request and consider information from the guardian, the ward, the ward's attorney if any, and interested persons about whether the need for a guardian continues, and it may reappoint the guardian for up to another five years, let the order expire, or appoint a new guardian (§ 30.1-28-04(5)).

Who serves as guardian

• The person's own nomination. "Unless lack of qualification or other good cause dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated person's most recent nomination in a durable power of attorney" (§ 30.1-28-11(2)).
• Priority list. After that, priority runs to a person the incapacitated person nominated before being determined incapacitated, if the person was 14 or older and, in the court's opinion, acted with or has sufficient mental capacity to make an intelligent choice; then the spouse, an adult child and a parent, followed by the others § 30.1-28-11(3) lists. Acting in the person's best interest, the court may pass over a person with priority (§ 30.1-28-11(4)).
• Care providers. No institution, agency or nonprofit group home providing care and custody of the person may be appointed. An employee of one may be appointed only if no one else can be found to serve, the employee does not provide direct care to the proposed ward, and the court makes a specific finding that the appointment presents no substantial risk of a conflict of interest (§ 30.1-28-11(1)).

A child who is becoming an adult

For a child who has reached 17 years and 6 months and is proposed to become an incapacitated adult at 18, a guardianship petition may be brought under § 30.1-28-03.3. The court must appoint the person who had legal decisionmaking responsibility for the child at 17 years and 6 months, unless that appointment would be contrary to the incapacitated adult's best interests, in which case the § 30.1-28-11 priorities may be followed. The order may take effect on the child's 18th birthday (§ 30.1-28-03.3).

What a North Dakota guardian can decide, and the rights the person keeps

Rights kept. "Except upon specific findings of the court, a ward may not be deprived of any of the following legal rights: to vote, to seek to change marital status, or to obtain or retain a motor vehicle operator's license" (N.D.C.C. § 30.1-28-04(3)). The court may also find that the ward retains other specific rights (§ 30.1-28-04(4)).

Health-care agent comes first. "Unless a court of competent jurisdiction determines otherwise, a durable power of attorney for health care executed pursuant to chapter 23-06.5 takes precedence over any authority to make medical decisions granted to a guardian" (§ 30.1-28-04(6)).

Decisions that need a court order. Even with medical authority, "no guardian may consent to psychosurgery, abortion, sterilization, or experimental treatment of any kind unless the procedure is first approved by order of the court" (§ 30.1-28-12(4)). A guardian also may not voluntarily admit a ward to a mental health facility or state institution for more than 45 days without a mental health commitment proceeding or other court order (§ 30.1-28-12(2)). A guardian may consent to a ward's involuntary treatment with prescribed mood stabilizer or antipsychotic medication only with court authorization after notice and a hearing, on clear and convincing evidence of the factors § 30.1-28-16(2) requires to be certified; an initial order may not exceed 90 days unless the court orders continuing treatment on the evidence § 30.1-28-18 describes (§§ 30.1-28-16, 30.1-28-18).

Property. If no conservator has been appointed and the guardian has financial authority, the guardian must move the court for authority to sell, mortgage, encumber or transfer the ward's real property or personal property worth more than $2,500, and the motion gives interested persons 10 days to object and demand a hearing; personal property worth $2,500 or less needs no court order (§§ 30.1-28-12(6), 30.1-28-03.2).

Inventory and bond. The appointment order requires the guardian to provide a beginning inventory of the ward's assets within 90 days, and the court may require the guardian to furnish a bond (§ 30.1-28-04(5), (7)).

Visits and contact. A guardian may restrict visitation, communication and interaction with the ward if it is in the ward's best interests. A family member, friend, the ward, a clergy member, an attorney, an agency charged with protecting vulnerable adults or another interested person may ask the court to remove the restriction. If the motion states that the ward's health is in significant decline or that the ward's death may be imminent, the court must hold an emergency hearing as soon as practicable and no later than 14 days after the motion is filed (§ 30.1-28-12.2).

Annual report. A guardian must file an annual report with the court on the exercise of powers and duties, describing the ward's status or condition, including any change of residence and the reasons, any medical treatment received or withheld, and income and expenditures affecting the ward. The guardian must also report whether the ward continues to require guardianship and whether any powers should be increased or limited (§ 30.1-28-12(8)).

Conservatorship and protective orders

A conservator or other protective order may be appointed or made "in relation to the estate and affairs of a person, including a minor, if the court determines by clear and convincing evidence" that the person is unable to manage property and affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, chronic use of drugs or chronic intoxication, or because of confinement, detention by a foreign power or disappearance, or that the person has property that will be wasted or dissipated unless proper management is provided, along with the further conditions § 30.1-29-01(2) sets out. For a minor whose money or property needs management or protection, or whose business affairs or support require it, the standard is a preponderance of the evidence (§ 30.1-29-01(1)).

Without a conservator. The court may, without appointing a conservator, "authorize, direct, or ratify any transaction necessary or desirable to achieve any security, service, or care arrangement meeting the foreseeable needs of the protected person" (§ 30.1-29-09(1)).

Bond. The court must require a conservator to furnish a bond. "Unless reduced or waived by the court for good cause," the bond is the aggregate capital value of the estate property in the conservator's control plus one year's estimated income (§ 30.1-29-11).

Real property and conflicts. A conservator must move the court for authorization to sell the protected person's real property, and a sale or encumbrance to the conservator, the conservator's spouse, agent or attorney, or an entity in which the conservator has a substantial beneficial interest, is voidable unless the court approves it after notice (§ 30.1-29-22(1), (2)).

Inventory and accounts. Within 90 days after appointment, every conservator must file a complete inventory of the protected person's estate (§ 30.1-29-18). "At least once annually and at other times as the court may direct," a conservator must file a report and account (§ 30.1-29-19(1)).

Emergency guardianship of an adult

On petition by a person interested in the alleged incapacitated individual's welfare, the court may appoint an emergency guardian if it finds that following the chapter's procedures "likely will result in substantial harm to the alleged incapacitated individual's health, safety, or welfare, and that no other person appears to have authority and willingness to act in the circumstances" (N.D.C.C. § 30.1-28-10.1(1)).

• Duration. The court may appoint the emergency guardian "for a specified period of time, not to exceed ninety days" (§ 30.1-28-10.1(1)).
• Hearing. The court must hold a hearing within ten days of the filing of the petition (§ 30.1-28-10.1(1)).
• Extension. On good cause, the petitioner may request one extension of up to an additional 90 days, filed at least 14 days before the order expires; the court holds a hearing within 10 days of the request, and "no additional extensions of the emergency guardianship may be granted" (§ 30.1-28-10.1(6)).
• Safeguards. The court appoints a guardian ad litem immediately on receiving the petition. It may appoint without notice only on affidavit or other sworn testimony that the person will be substantially harmed before a hearing can be held; the person, the person's spouse and anyone else the court directs must then be notified within 48 hours, and a hearing held within 10 days after the appointment. An emergency appointment is not a determination of incapacity (§ 30.1-28-10.1(1), (2), (4)).

How a North Dakota guardianship ends or rights are restored

"The ward or any person interested in the ward's welfare may petition for an order that the ward is no longer incapacitated or no longer incapacitated to the same extent," and the request "may be made by informal letter to the court or judge" (N.D.C.C. § 30.1-28-07(1)).

A hearing must be held no later than 60 days after the petition or informal request is filed, unless good cause is shown (§ 30.1-28-07(3)). To terminate or modify, the court must find by a preponderance of the evidence that the ward is no longer incapacitated, is no longer incapacitated to the same extent as when the order was made or last reviewed, or that modifying the guardian's duties and authority is in the ward's best interests (§ 30.1-28-07). That is a lower standard than the clear and convincing evidence needed to appoint a guardian.

The five-year limit on each order (§ 30.1-28-04(5)) means the court also revisits every adult guardianship before the order expires.

Alternatives to guardianship in North Dakota

North Dakota builds alternatives into the findings: the court must find there is no suitable "alternative resource plan," a term that includes powers of attorney, durable powers of attorney, health care directives and supported decisionmaking (N.D.C.C. §§ 30.1-01-06(2), 30.1-28-04(2)(c)(2)). The petition must also state that less intrusive alternatives were considered (§ 30.1-28-03(2)).

Supported decisionmaking agreements. Chapter 30.1-36, enacted in 2019, governs supported decisionmaking agreements between a "named individual" and a supporter. Its main rules:

• "A notary public or two qualified witnesses must verify in writing the signatures to a supported decisionmaking agreement" (§ 30.1-36-07(1)).
• The agreement "does not give a supporter the ability to act as a surrogate decisionmaker" and "does not give a supporter the authority to sign documents on behalf of the named individual" (§ 30.1-36-04(7)).
• "The existence or contents of a supported decisionmaking agreement may not be used as evidence of incapacity or incompetence" (§ 30.1-36-04(6)).
• A third person who receives a copy "shall rely on the agreement," unless the third person has cause to believe the named individual is being abused, neglected or exploited by the supporter, or the agreement is invalid or has been terminated (§ 30.1-36-08(1)).

Powers of attorney. A durable power of attorney and a durable power of attorney for health care are signed while a person still has capacity. A health-care agent's authority takes precedence over a guardian's medical authority unless a court determines otherwise (§ 30.1-28-04(6)), and the most recent nomination of a guardian in a durable power of attorney controls who is appointed unless lack of qualification or other good cause dictates otherwise (§ 30.1-28-11(2)). Signing rules are on our North Dakota power of attorney laws page. Free drafting tools are available for a North Dakota power of attorney and a North Dakota advance directive; a tool is not legal advice, and any document must be signed under the North Dakota rules on the power of attorney page.

Family consent to health care. For an adult whose inability to understand and communicate a health care decision is certified by the attending physician, psychiatrist or psychologist and filed in the medical record, informed consent may be given, unless a court determines otherwise, by persons in a priority order that begins with a health care agent appointed through a health care directive, then an appointed guardian or custodian, then a spouse who has maintained significant contact with the patient, followed by the further classes § 23-12-13(2) lists, ending with an interdisciplinary team of at least three health care professionals. For a minor, a parent makes health care decisions unless a court orders otherwise; if a parent cannot consent, a separate priority list applies (N.D.C.C. § 23-12-13(1) to (3), as rewritten by S.L. 2025, ch. 240).

Federal benefits. Social Security appoints its own representative payee when it decides representative payment is in a beneficiary's interest, and a legal guardian is one person it may appoint, not an automatic choice (20 C.F.R. § 404.2001(b)(2)); the guardianship hub covers the federal layer.

Public and professional guardians

Chapter 54-68, added by 2025 Senate Bill 2029, establishes the Office of Guardianship and Conservatorship, "consisting of the operations committee, office staff, and review board" (N.D.C.C. § 54-68-02(1)). The office develops policies and procedures, including eligibility criteria for receiving public services, for a public guardian or public conservator, and for a licensed guardian or licensed conservator (§ 54-68-02(3)(a)). A "public guardian" is "a guardian under contract with the office to provide guardianship services for an individual eligible for public services" (§ 54-68-01(9)).

Since April 1, 2026, a person may not serve as guardian or conservator for three or more adults at the same time without being a licensed guardian or conservator or having an agency permit, unless serving a family member, and must be licensed to offer guardianship or conservatorship services to the public; listed agencies and institutions are exempt, and a violation after August 1, 2026, is a class B misdemeanor (§ 54-68-08). A guardian the court removes for good cause may be listed on a registry and is then disqualified from acting as a guardian; the registry provision does not apply to a licensed guardian (§ 30.1-28-07(6)).

Moving to or from North Dakota with a guardianship

North Dakota adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act as chapter 28-35. "A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state" (N.D.C.C. § 28-35-15(1)).

If a guardian has been appointed in another state and no guardianship petition is pending in North Dakota, the out-of-state guardian, after giving notice to the appointing court of an intent to register, may register the guardianship order by filing certified copies of the order and letters of office as a foreign judgment in a court in any appropriate county (§ 28-35-17).

Recent changes to North Dakota guardianship law

Senate Bill 2291, Session Laws 2025, chapter 318 (approved April 29, 2025, effective August 1, 2025), reorganized the guardianship provisions. It moved the incapacitated person, ward and protected person definitions into § 30.1-01-06, created new sections on removal, resignation and death of a guardian and on notices in guardianships and conservatorships, amended § 27-20.1-17(1), which limits the length of a child's guardianship order, and repealed §§ 30.1-26-01, 30.1-28-08 and 30.1-28-15. Older materials that cite those repealed sections for the incapacity definition or the visitor are out of date; the visitor is still appointed under § 30.1-28-03(3).

• Senate Bill 2297, Session Laws 2025, chapter 240 (effective August 1, 2025) rewrote the health-care consent priority statute, § 23-12-13, with separate lists for an incapacitated adult and a minor.
• Senate Bill 2029, Session Laws 2025, chapter 550 created the Office of Guardianship and Conservatorship (chapter 54-68) and a registry of guardians removed for good cause (§ 30.1-28-07(6)); its limits on serving three or more adults without a license took effect April 1, 2026 (§ 54-68-08).

North Dakota guardianship at a glance

Related North Dakota pages

• Guardianship laws by state
• North Dakota power of attorney laws
• North Dakota child custody laws
• North Dakota grandparents' rights

This article provides general legal information about North Dakota guardianship law, not legal advice. Guardianship cases turn on their facts and on local court practice. For advice about a specific situation, contact a lawyer licensed in North Dakota or the court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

How do I get guardianship of my grandchild in North Dakota?

Guardianship of a child is decided by the juvenile court under N.D.C.C. chapter 27-20.1. The court must find by clear and convincing evidence that the appointment is in the child's best interest and that one listed ground applies: both parents are deceased or the surviving parent's rights were terminated and no guardian was named by will, the parents consented in writing by affidavit, all parental rights were terminated, or the child is a child in need of protection (§ 27-20.1-11(1)).

How long does a guardianship of a child last in North Dakota?

An order is effective for up to one year unless the court, on a finding of good cause, sets a different time frame, and no order may be effective for more than three years (N.D.C.C. § 27-20.1-17(1)). The guardian's authority also ends on the child's death, adoption, marriage or reaching majority, among other events (§ 27-20.1-17). A party, the child if 14 or older, or an interested person may petition, with a supporting affidavit, to end it earlier, including because a parent withdraws consent or the basis for the guardianship no longer exists (§ 27-20.1-16(3), (4)).

Can a relative care for my child in North Dakota without a court order?

A parent may delegate powers over the child's care, custody or property to another person by a properly executed power of attorney for no more than six months, except the power to consent to a minor ward's marriage or adoption (N.D.C.C. § 30.1-26-04). A court-appointed guardian of a child needs prior court approval to delegate authority by power of attorney (§ 27-20.1-15(2)(i)).

Can a parent name a guardian in a will in North Dakota?

Yes. A parent may appoint a guardian of an unmarried minor by will, and the appointment becomes effective on filing the guardian's acceptance and remains effective on court approval only if, before acceptance, both parents are dead or the surviving parent's rights were terminated by court order (N.D.C.C. § 30.1-27-02). Interested persons, including the minor, may object within 14 days of the guardian ad litem's report (§ 30.1-27-07(1)).

What must be proved to get guardianship of an adult in North Dakota?

Clear and convincing evidence that the person is incapacitated, that no suitable alternative resource plan could be used instead, that guardianship is necessary as the best means of care, supervision or habilitation, and that the guardian's powers are the least restrictive form of intervention (N.D.C.C. § 30.1-28-04(2)(c)). Age, eccentricity, poverty or medical diagnosis, without more, is not enough for a finding of incapacity.

Does the person get a lawyer in a North Dakota guardianship case?

The court appoints an attorney to act as guardian ad litem, but that attorney advocates for the person's best interests and may not represent the person in a legal capacity (N.D.C.C. § 30.1-28-03(3), (4)). The person may retain a lawyer of his or her own.

How long does an adult guardianship last in North Dakota?

Unless the court ends it earlier, an order appointing or reappointing a guardian is effective for up to five years, and the court must consider whether the need continues at least 90 days before the order expires (N.D.C.C. § 30.1-28-04(5)).

How long does an emergency guardianship last in North Dakota?

For an adult, the court may appoint an emergency guardian for a specified period not exceeding 90 days if following the normal procedures likely will cause substantial harm and no one else appears to have authority and willingness to act, and the court may extend it once, for up to an additional 90 days, on good cause (N.D.C.C. § 30.1-28-10.1(1), (6)). For a child, an emergency guardian may remain no more than 60 days from the hearing, and the court may extend the order for up to six months (§ 27-20.1-18).

How do you end a guardianship in North Dakota?

The ward or any interested person may petition, including by informal letter to the court or judge, and a hearing must be held within 60 days unless good cause is shown (N.D.C.C. § 30.1-28-07). The court must find by a preponderance of the evidence that the ward is no longer incapacitated, or not to the same extent, or that modification is in the ward's best interests.