§ 25-04-15 — Expenses chargeable against guardianship estate of individual served - Restrictions

North Dakota § 25-04-15

• Jurisdiction: North Dakota
• Title 25: Mental and Physical Illness or Disability
• Ch. 25-04: Care of Developmentally Disabled

Text

Restrictions.
The expenses chargeable by the state for the care and treatment of any individual served
over twenty-one years of age at the life skills and transition center must be charged against the
guardianship estate of such individual, if the individual has such an estate, subject to the
following restrictions:
1. No part of the estate may be taken for such purpose if the individual has dependents
within the United States dependent upon the estate for support and the taking of all or
a portion of the estate would result in undue hardship to those dependents.
2. No real property belonging to the estate may be sold during the lifetime of the
individual served except for the maintenance and support of the individual served's
dependents, unless it is shown that the sale of the property will not result in undue

hardship to those dependents, and it may be sold only upon the order of the district
court having jurisdiction of the estate, with the consent of the department.
3. No personal property belonging to the estate may be sold within five years from the
date upon which the individual was sent to the life skills and transition center unless
the property is ordered sold by the district court having jurisdiction of the estate for the
reason that the property is likely to deteriorate in value during the time herein
specified.
4. No claim may be made to recover from the estate of a former individual served of the
life skills and transition center who has left the life skills and transition center and
married and leaves a spouse or issue dependent upon such estate.