North Dakota § 30.1-28-01 (5-301) Testamentary appointment of guardian for incapacitated person

North Dakota Statutes

§ 30.1-28-01 — (5-301) Testamentary appointment of guardian for incapacitated person

North Dakota § 30.1-28-01

Title 30.1Uniform Probate Code

Ch. 30.1-28Guardians of Incapacitated Persons

This text of North Dakota § 30.1-28-01 ((5-301) Testamentary appointment of guardian for incapacitated person) 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 § 30.1-28-01 (2026).

Text

1.The guardian spouse or guardian parent of an adjudicated incapacitated person may, by will, appoint a successor guardian of the incapacitated person. A testamentary appointment by a guardian spouse or guardian parent becomes effective when, after having given seven days' prior written notice of intention to do so to the incapacitated person and to the person caring for the incapacitated person or to the nearest adult relative of the incapacitated person, the successor guardian files acceptance of appointment in the court in which the will is informally or formally probated.

2.This state shall recognize a testamentary appointment effected by filing acceptance under a will probated at the testator's domicile in another state.

3.On the filing with the court in which the will was probated

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1. The guardian spouse or guardian parent of an adjudicated incapacitated person may,
by will, appoint a successor guardian of the incapacitated person. A testamentary
appointment by a guardian spouse or guardian parent becomes effective when, after
having given seven days' prior written notice of intention to do so to the incapacitated
person and to the person caring for the incapacitated person or to the nearest adult
relative of the incapacitated person, the successor guardian files acceptance of
appointment in the court in which the will is informally or formally probated.
2. This state shall recognize a testamentary appointment effected by filing acceptance
under a will probated at the testator's domicile in another state.
3. On the filing with the court in which the will was probated of written objection to the
appointment by the person for whom a testamentary appointment of guardian has
been made, the appointment is terminated. An objection does not prevent appointment
by the court in a proper proceeding of the testamentary nominee or any other suitable
person upon an adjudication of incapacity in proceedings under the succeeding
sections of this chapter.