North Dakota § 30.1-28-03.3 Guardianship proceedings for minor becoming an incapacitated adult

North Dakota Statutes

§ 30.1-28-03.3 — Guardianship proceedings for minor becoming an incapacitated adult

North Dakota § 30.1-28-03.3

Title 30.1Uniform Probate Code

Ch. 30.1-28Guardians of Incapacitated Persons

This text of North Dakota § 30.1-28-03.3 (Guardianship proceedings for minor becoming an incapacitated adult) 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 § 30.1-28-03.3 (2026).

Text

1.As used in this section:

a."Child" means an individual who is under the age of eighteen and is not married.

b."Child becoming an incapacitated adult" means a child who has reached age seventeen years and six months and is proposed to become an incapacitated adult at age eighteen.

c."Legal decisionmaking" means the legal right and responsibility to make all legal decisions for a child including those regarding education, health care, and personal care decisions.

2.A petition to establish a guardianship for a child becoming an incapacitated adult may be filed by any person interested in the welfare of the child and having knowledge of the facts alleged or information and belief the facts are true.

3.The procedure in this chapter for appointment of a guardian of an incapacitated adult

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1. As used in this section:
a. "Child" means an individual who is under the age of eighteen and is not married.
b. "Child becoming an incapacitated adult" means a child who has reached age
seventeen years and six months and is proposed to become an incapacitated
adult at age eighteen.
c. "Legal decisionmaking" means the legal right and responsibility to make all legal
decisions for a child including those regarding education, health care, and
personal care decisions.
2. A petition to establish a guardianship for a child becoming an incapacitated adult may
be filed by any person interested in the welfare of the child and having knowledge of
the facts alleged or information and belief the facts are true.
3. The procedure in this chapter for appointment of a guardian of an incapacitated adult
must be the procedure used for appointment of a guardian for a child becoming an
incapacitated adult except the court shall appoint as the guardian any person that had
legal decisionmaking responsibility for the child when the child turned seventeen years
and six months of age. If the court finds the appointment of the person with legal
decisionmaking authority would be contrary to the best interests of the incapacitated
adult, the priorities listed in section 30.1-28-11 may be followed.
4. A guardianship order under this section may take effect immediately on the day the
child turns eighteen years of age.