Petition for Appointment of Guardian
In the District Court of [COUNTY] County, State of North Dakota – Probate Division
Case No. ____
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title
PETITION FOR APPOINTMENT OF [LIMITED / GENERAL] GUARDIAN OF [MINOR / INCAPACITATED PERSON] PURSUANT TO N.D. CENT. CODE ch. 30.1-[27 / 28]
1.2 Parties
a. “Petitioner” – [NAME], an individual residing at [ADDRESS].
b. “Proposed Guardian” – [NAME], an individual residing at [ADDRESS].
c. “Ward” – [NAME], a [minor / alleged incapacitated] person born [DOB] and domiciled in [COUNTY], North Dakota.
1.3 Jurisdiction & Venue
This Court has subject-matter jurisdiction under N.D. Cent. Code §§ 30.1-27-03 or 30.1-28-03, and venue is proper in [COUNTY] County because the Ward is domiciled or physically present herein.
1.4 Effective Date
This Petition is effective upon filing with the Clerk of Court.
[// GUIDANCE: Insert caption block required by local court rules.]
2. DEFINITIONS
“Annual Report” – the guardian’s yearly report required under N.D. Cent. Code ch. 30.1-28 and corresponding court rules.
“Bond” – the surety instrument required of the Guardian under Section 7.2 of this Petition.
“Guardian” – the individual appointed by the Court to exercise the powers requested herein.
“Letters” – certified Letters of Guardianship issued by the Clerk upon qualification and bond filing.
“Ward” – the person for whom guardianship is sought.
3. OPERATIVE PROVISIONS
3.1 Relief Requested
Petitioner respectfully prays that the Court:
a. Find the Ward [incapacitated / in need of a guardian] under N.D. Cent. Code § 30.1-[27-01 / 28-01].
b. Appoint [Proposed Guardian] as [limited / general] Guardian with the powers enumerated in § 3.3.
c. Issue Letters upon qualification, acceptance, and bond.
d. Grant such other relief as justice requires.
3.2 Grounds for Guardianship
a. The Ward is unable to provide for [his/her] own care, health, or safety, or to manage property and financial affairs.
b. No less-restrictive alternative is feasible.
c. Appointment is in the Ward’s best interests.
3.3 Requested Powers
The Guardian shall exercise only those powers the Court expressly grants, including, without limitation:
i. Personal-care decisions;
ii. Medical consent;
iii. Residential placement approval;
iv. Educational and vocational decisions;
v. Financial management up to $__;
vi. Authority to apply for governmental benefits.
3.4 Persons Entitled to Notice
Petitioner has provided or will provide statutory notice to:
• Ward (if ≥14 years old or able to comprehend)
• Spouse or domestic partner
• Parents and adult siblings
• Current custodians or agents under a power of attorney
• Any individual nominated by the Ward
[// GUIDANCE: Adapt notice list per N.D. Cent. Code §§ 30.1-27-03 & 30.1-28-03.]
3.5 Proposed Guardian’s Qualifications
See Exhibit A (Affidavit of Proposed Guardian).
3.6 Nomination by Will or Other Instrument (if applicable)
[Insert details or state “None.”]
4. REPRESENTATIONS & WARRANTIES
4.1 Petitioner’s Representations
a. All factual statements herein are true to the best of Petitioner’s knowledge.
b. Petitioner has conducted a reasonable inquiry into the Ward’s condition and alternatives to guardianship.
4.2 Guardian’s Representations
a. Guardian is eligible under N.D. law, is not a minor, incapacitated, or convicted of a crime involving dishonesty or moral turpitude within the last ten (10) years.
b. Guardian will faithfully discharge fiduciary duties, act in good faith, and avoid self-dealing.
c. Guardian will maintain accurate records and submit each Annual Report timely.
4.3 Survival
These representations survive issuance of Letters and remain enforceable throughout the guardianship.
5. COVENANTS & RESTRICTIONS
5.1 Guardian’s Affirmative Covenants
a. File the Initial Inventory within ninety (90) days of appointment.
b. File Annual Reports on or before [DATE] of each year.
c. Seek prior court approval for extraordinary medical procedures or expenditures exceeding $__.
5.2 Negative Covenants
a. Guardian shall not alienate real property of the Ward without court order.
b. Guardian shall not delegate fiduciary duties except as permitted by law.
5.3 Notice & Cure
Guardian shall cure any non-compliance within thirty (30) days after written notice from any interested person or the Court.
6. DEFAULT & REMEDIES
6.1 Events of Default
a. Failure to file required reports.
b. Misapplication or misappropriation of Ward’s assets.
c. Violation of court orders or statutory duties.
6.2 Remedies
Upon default, any interested person or the Court sua sponte may:
i. Compel accounting;
ii. Suspend or remove Guardian;
iii. Reduce or revoke powers;
iv. Surcharge Guardian personally;
v. Refer matter for criminal prosecution.
6.3 Attorneys’ Fees & Costs
Guardian may be held personally liable for reasonable attorneys’ fees and costs incurred to remedy a default.
7. RISK ALLOCATION
7.1 Fiduciary Indemnification
Guardian shall indemnify and hold harmless the Ward’s estate from losses resulting from Guardian’s breach of fiduciary duty or gross negligence.
7.2 Bond Requirement
Guardian shall post a Bond in the penal sum of $__, conditioned on faithful performance, unless waived by the Court pursuant to N.D. Cent. Code § 30.1-[27-11 / 28-16].
7.3 Limitation of Liability
The Guardian’s liability is capped at the Bond amount, except for losses arising from intentional misconduct or fraud.
7.4 Insurance
Guardian shall maintain liability insurance in an amount not less than $_____ per occurrence.
8. DISPUTE RESOLUTION
8.1 Governing Law
This Petition and resulting guardianship are governed by the laws of the State of North Dakota.
8.2 Forum Selection
Exclusive jurisdiction and venue lie in the Probate Division of the District Court for [COUNTY] County, North Dakota.
8.3 Jury Waiver
Matters arising under this guardianship shall be tried to the Court without a jury as provided by statute.
8.4 Injunctive Relief
The Court retains authority to issue protective orders and other equitable relief to safeguard the Ward.
9. GENERAL PROVISIONS
9.1 Amendments
Any modification of the Guardian’s authority must be sought by verified petition and court order.
9.2 Assignment
Guardianship powers are personal and non-assignable.
9.3 Severability
If any provision is held invalid, remaining provisions remain enforceable.
9.4 Integration
This Petition, together with attached exhibits and court-approved orders, constitutes the entire request for relief.
9.5 Counterparts & Electronic Signatures
This Petition may be executed in counterparts and via reliable electronic means permissible under N.D. R. Ct. 3.5.
10. EXECUTION BLOCK
Respectfully submitted this ___ day of __, 20.
[PETITIONER NAME]
Petitioner
STATE OF NORTH DAKOTA )
) ss.
COUNTY OF _______ )
On this ___ day of __, 20, before me, a Notary Public in and for said county and state, personally appeared ________, known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument and acknowledged that [he/she] executed the same for the purposes therein contained.
Notary Public
My Commission Expires: ______
EXHIBIT A
Affidavit of Proposed Guardian (attach).
EXHIBIT B
Medical or Psychological Evaluation of Ward (attach).
EXHIBIT C
Proposed Care Plan & Budget (attach).
[// GUIDANCE: Always verify current local court rules for caption format, filing fees, service requirements, and any mandatory forms or cover sheets.]