§ 27-20.1-17 — Expiration and termination of guardianship of a child

North Dakota § 27-20.1-17

• Jurisdiction: North Dakota
• Title 27: Judicial Branch of Government
• Ch. 27-20.1: Guardianship of a Child

Text

1. An order appointing or reappointing a guardian under this chapter is effective for up to
one year unless the court, upon a finding of good cause, sets a different time frame.
An order may not be effective for more than three years. At least sixty days before the
expiration of the initial order of appointment or any following order of reappointment,
the court shall request and consider information submitted by the guardian, the child, if
fourteen years of age or older, the child's attorney, if any, the child's parents, and any
interested persons regarding whether the need for a guardianship continues to exist.
The court, at its discretion, may appoint a guardian ad litem in accordance with section
27-20.1-08, before the hearing. The court shall hold a hearing on whether the
guardianship should continue. Following the hearing and consideration of submitted
information, the court may:
a. Terminate the guardianship if shown by clear and convincing evidence that the
circumstances that led to the guardianship no longer exist;
b. Reappoint the guardian for up to three years; or
c. Appoint a new guardian.

The court may extend a guardianship up to ninety days past the expiration of the initial
order, for good cause shown, if the hearing cannot be held before the expiration of the
order. If the court extends an initial order for guardianship, new letters of guardianship
must be issued reflecting the extended expiration date.
2. A guardian's authority and responsibility terminates upon the death, resignation, or
removal of the guardian, or upon the child's death, adoption, marriage, or attainment of
majority, but termination does not affect the guardian's liability for prior acts or the
guardian's obligation to account for funds and assets of the child.
3. The supreme court, by rule or order, shall provide for the regular review of
guardianships in existence on August 1, 2019.