North Dakota § 27-20.1-16 Procedure for modification, resignation, or termination of a guardianship

North Dakota Statutes

§ 27-20.1-16 — Procedure for modification, resignation, or termination of a guardianship

North Dakota § 27-20.1-16

Title 27Judicial Branch of Government

Ch. 27-20.1Guardianship of a Child

This text of North Dakota § 27-20.1-16 (Procedure for modification, resignation, or termination of a guardianship) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 27-20.1-16 (2026).

Text

1.A guardian may petition for permission to resign. A petition for permission to resign must include a request for appointment of a successor guardian unless continuation of the guardianship is no longer necessary. Resignation of a guardian does not terminate the guardianship unless specifically ordered by the court.

2.Any party to the proceeding in which the child's status was adjudicated, the director, the child, if fourteen or more years of age, or any interested person, may petition for removal or modification of a guardian on the grounds the removal or modification would be in the best interest of the child. A petition for removal or modification must include a request for appointment of a successor guardian unless continuation of the guardianship is no longer necessary.

3.Any part

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1. A guardian may petition for permission to resign. A petition for permission to resign
must include a request for appointment of a successor guardian unless continuation of
the guardianship is no longer necessary. Resignation of a guardian does not terminate
the guardianship unless specifically ordered by the court.
2. Any party to the proceeding in which the child's status was adjudicated, the director,
the child, if fourteen or more years of age, or any interested person, may petition for
removal or modification of a guardian on the grounds the removal or modification
would be in the best interest of the child. A petition for removal or modification must
include a request for appointment of a successor guardian unless continuation of the
guardianship is no longer necessary.
3. Any party to the proceeding in which the child's status was adjudicated, the director,
the child, if fourteen or more years of age, or any interested person, may petition for
termination of the guardianship due to:
a. The child's death, adoption, marriage, or attainment of majority;
b. The withdrawal of the parent's consent; or
c. The basis for the guardianship no longer exists.
4. The person seeking modification, resignation, removal, or termination of the
guardianship shall file a supporting affidavit with the petition demonstrating the basis
for the petition, and serve the petition and affidavit on the child, if the child is age
fourteen or older, the child's parents, unless the parents' rights have been terminated
or the parents are deceased, and any interested persons designated by the court in its
order. The petition must be reviewed by the court to determine whether to set an
evidentiary hearing. If an insufficient showing has been made, the court shall issue an
order denying the petition.
5. If, at any time in the proceeding, the court determines it is in the best interest of the
child, the court may appoint a guardian ad litem.
6. If, at any time in the proceeding, the court determines the interests of the child are or
may be inadequately represented, the court may appoint an attorney to represent the
child.