North Dakota: Adult Guardianship and Conservatorship Petition Requirements

Requirements one by one

Proceeding and state terminology

North Dakota separates guardianship of an incapacitated person's personal
decisions in chapter 30.1-28 from conservatorship and other property-protection
orders in chapter 30.1-29. The guardian petition asks separately for full,
limited, or no authority across residential, educational, medical, legal,
vocational, and financial areas under § 30.1-28-03. A conservator petition under
§ 30.1-29-04 requests financial authority or another protective order.

Who may file and where

Section 30.1-28-03 allows anyone interested in the adult's welfare to seek a
guardian. Venue under § 30.1-28-02 is where the adult resides or is present and
expected to remain; the adult may demand transfer to the residence or presence
county on the section's timetable.

Section 30.1-29-04 allows the adult, a person interested in the estate, affairs,
or welfare, a parent, guardian or custodian, or someone adversely affected by
ineffective property management to seek a conservator or other protective
order. Section § 30.1-29-03 places venue at the adult's residence or, for a
nonresident, wherever property is located.

What the petition must contain

The guardian checklist in § 30.1-28-03 covers the parties, spouse and family,
caregiver, property and income, the requested level in six decision areas,
nominee qualifications, recent attorney, specific necessity facts, current
conservator, POA and health-directive agents, representative payee, alternatives
considered, a recent expert statement if available, and any requested limits on
voting, marital-status, driving, or firearm rights.

The conservator checklist in § 30.1-29-04 identifies the petitioner's interest,
adult, guardian and nearest relative, property and value, requested authority,
agents and representative payee, alternatives considered, necessity, recent
expert statement if any, and proposed conservator and priority.

Proof required for appointment

Guardianship requires clear and convincing findings under § 30.1-28-04 that the
adult is incapacitated, no suitable alternative resource plan can safeguard
health, safety, or habilitation, guardianship is necessary, and the powers are
the least restrictive intervention consistent with self-care ability. Age,
eccentricity, poverty, or medical diagnosis alone is insufficient.

Section § 30.1-29-01 also uses clear and convincing evidence. It covers the
listed inability to manage property and affairs, confinement or disappearance,
or property-waste and support circumstances requiring protection.

Alternatives the court must address

Guardianship makes alternatives outcome-determinative. The petition must say
less intrusive alternatives were considered; the visitor discusses an
alternative resource plan where appropriate; and § 30.1-28-04 forbids
appointment unless no suitable plan can safeguard the adult and the ordered
powers are least restrictive.

The conservator petition likewise must state that less intrusive alternatives
were considered. Section § 30.1-29-08 directs orders consistent with maximum
self-reliance and only to actual limitations, but chapter 30.1-29 does not state
the guardian track's express no-suitable-alternative prerequisite.

Notice, service, and hearing timing

Under § 30.1-28-09, the guardian petitioner personally serves the adult and
in-state spouse and parents; other named family, fiduciaries, caregivers,
attorney, visitor, and examiner receive notice under the section. Section
§ 30.1-03-01 supplies the ordinary 14-day personal-delivery or mailing minimum,
and § 30.1-03-02 says the adult cannot waive notice.

The conservator rule is more self-contained. Section § 30.1-29-05 requires
personal service at least 14 days before hearing on the adult and the spouse or,
if none, parents, or any current guardian or conservator.

Counsel and hearing rights

Guardianship automatically receives an attorney guardian ad litem, but that
lawyer advocates best interests and expressly cannot represent the adult in a
legal capacity. The guardian ad litem must explain the right to retain counsel.
Under § 30.1-28-03, the adult ordinarily attends in person or remotely, may
present evidence and cross-examine the examiner and visitor, and receives an
accessible proceeding. The hearing is closed unless the adult-side participants
request that it remain open.

In conservatorship, § 30.1-29-07 makes the guardian ad litem conditional on the
court finding that the adult's interests may be inadequately represented. The
guardian ad litem explains the right to retain counsel. The adult ordinarily
must attend, and the adult may subpoena and cross-examine the expert examiner.
Neither chapter states an appointment-stage jury right.

Medical evidence or court evaluator

Guardianship requires all three appointments at filing under § 30.1-28-03: an
attorney guardian ad litem, an expert examiner, and a visitor. The examiner
reports the nature, degree, prognosis, functional effect, medication, and
participation issues. The visitor interviews the adult, petitioner, nominee and
others; visits the residence; discusses alternatives; and recommends the
appointee and powers. The court considers all three reports.

Conservatorship requires a court-designated expert examiner when the alleged
disability is mental illness or deficiency, physical illness or disability,
chronic drug use, or chronic intoxication. Section 30.1-29-07 does not require a
visitor, and appoints a guardian ad litem only on the inadequate-representation
finding.

Limits on the order

Sections § 30.1-28-04 and § 30.1-28-05 confine guardian authority to actual
limitations and powers written into the order and letters. Voting, marital-
status, and driving rights require specific findings before restriction, and
the court may identify other retained rights.

For property, § 30.1-29-08 requires maximum independence and an order limited to
actual conditions. The court may choose another protective order instead of a
conservator, and the order does not itself change the adult's legal capacity.

Emergency relief is separate. Section § 30.1-28-10.1 permits an emergency
guardian for up to 90 days, with a 10-day hearing and one possible extension up
to 90 days. Section § 30.1-29-20.1 permits an emergency conservator for up to 90
days with a 10-day hearing. Each requires likely substantial harm from ordinary
delay and no other willing authorized person.

What trips people up

The guardian ad litem is not the adult's legal counsel. Chapter 30.1-28
appoints a lawyer automatically, but expressly assigns a best-interests role
and forbids legal representation of the adult. Retained or separately appointed
counsel serves a different function.

The two alternatives tests are not identical. Guardianship requires a
finding that no suitable alternative resource plan can work. Conservatorship
requires consideration of less intrusive alternatives and a narrow order, but
does not repeat that absolute prerequisite.

Common questions

Are an examiner and visitor automatic in guardianship?

Yes. Section 30.1-28-03 requires the court to appoint both, along with the
guardian ad litem, when the petition is filed.

Does a diagnosis prove incapacity?

No. Section 30.1-28-04 says age, eccentricity, poverty, or medical diagnosis
alone is insufficient, and requires clear and convincing functional findings.

Must the adult attend?

Ordinarily yes, in person or remotely. Physical difficulty alone is not good
cause for absence under §§ 30.1-28-03 and 30.1-29-07.

Does a conservatorship order itself erase legal capacity?

No. Section 30.1-29-08 expressly says an order finding a conservator or other
protective order appropriate has no effect on the protected person's capacity.

Statutes and sources

• N.D. Cent. Code §§ 30.1-03-01 to -02: general notice timing and nonwaiver.
  Official chapter
  (accessed 2026-07-19).
• N.D. Cent. Code §§ 30.1-28-02 to -05: guardian venue, petition, process,
  findings, rights, and order.
  Official chapter
  (accessed 2026-07-19).
• N.D. Cent. Code § 30.1-28-09: guardian notice recipients and service.
  Official chapter
  (accessed 2026-07-19).
• N.D. Cent. Code § 30.1-28-10.1: emergency guardian.
  Official chapter
  (accessed 2026-07-19).
• N.D. Cent. Code §§ 30.1-29-01, -03 to -05: conservator proof, venue,
  petition, and notice.
  Official chapter
  (accessed 2026-07-19).
• N.D. Cent. Code §§ 30.1-29-07 to -08: conservator hearing, examiner, and
  order limits.
  Official chapter
  (accessed 2026-07-19).
• N.D. Cent. Code § 30.1-29-20.1: emergency conservator.
  Official chapter
  (accessed 2026-07-19).