§ 30.1-28-07 — (5-307) Change in or termination of guardianship

North Dakota § 30.1-28-07

• Jurisdiction: North Dakota
• Title 30.1: Uniform Probate Code
• Ch. 30.1-28: Guardians of Incapacitated Persons

Text

1. The ward or any person interested in the ward's welfare may petition for an order that
the ward is no longer incapacitated or no longer incapacitated to the same extent as
the ward was when the original guardianship order was made or last reviewed by the
court, or that the duties and authority of the guardian require modification, or change in
the duties and authority of the guardian. A request for this order may be made by
informal letter to the court or judge. The clerk of district court shall send a copy of the
informal request to the parties and those identified in section 30.1-28-09.1. Any person
who knowingly interferes with transmission of this kind of request to the court or judge
may be adjudged guilty of contempt of court.
2. Before changing the guardian's duties and authority, accepting the resignation of a
guardian, or on finding that the ward is no longer incapacitated, or no longer
incapacitated to the same extent and ordering the guardianship terminated or
modified, the court, following the same procedures to safeguard the rights of the ward
as apply to a petition for appointment of a guardian, may send a visitor to the place
where the ward resides or is detained, to observe conditions and report in writing to
the court.
3. A hearing must be held no later than sixty days following the filing of the petition or
informal request, unless good cause is shown. Following the hearing, the court shall
make written findings of fact. Before terminating or modifying the guardianship, the
court shall find by a preponderance of the evidence that the ward is no longer
incapacitated, no longer incapacitated to the same extent as the ward was when the
original guardianship order was made or last reviewed by the court, or that it is in the
best interests of the ward that the duties and authority of the guardian be modified.
New letters of guardianship must be issued to the guardian in the same manner as
provided in section 30.1-28-05.
4. In deciding whether to terminate or modify a guardianship, the court may require a
report by and consider the recommendations of an expert examiner.
5. On termination of the guardianship, a guardian shall file a final report and accounting
and provide a copy of the report and accounting to those given notice under section