North Dakota § 30.1-28-07.1 Removal, resignation, or death of guardian - Appointment of successor guardian

North Dakota Statutes

§ 30.1-28-07.1 — Removal, resignation, or death of guardian - Appointment of successor guardian

North Dakota § 30.1-28-07.1

Title 30.1Uniform Probate Code

Ch. 30.1-28Guardians of Incapacitated Persons

This text of North Dakota § 30.1-28-07.1 (Removal, resignation, or death of guardian - Appointment of successor guardian) 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 § 30.1-28-07.1 (2026).

Text

guardian.

1.The court may remove a guardian on its own motion or on petition of the ward or any interested person if removal is in the best interests of the ward. 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 that knowingly interferes with the transmission of a request under this section may be adjudged guilty of contempt of court.

2.The court may accept the resignation of a guardian upon petition by the guardian.

3.Upon the death of a guardian, the personal representative of the guardian shall submit a final report and accounting to the court. Upon removal or resignation of the guardian, the guardian shall submit

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guardian.
1. The court may remove a guardian on its own motion or on petition of the ward or any
interested person if removal is in the best interests of the ward. 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 that knowingly interferes with the transmission of a request
under this section may be adjudged guilty of contempt of court.
2. The court may accept the resignation of a guardian upon petition by the guardian.
3. Upon the death of a guardian, the personal representative of the guardian shall submit
a final report and accounting to the court. Upon removal or resignation of the guardian,
the guardian shall submit a final report and accounting to the court. The report and
accounting must be filed with the clerk of district court. The filing of the report and
accounting does not constitute the court's approval of the report and accounting. The
court may approve a report and settle and allow an accounting only upon notice to
those identified in section 30.1-28-09.1.
4. 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 and conclusions of law.
5. Upon the removal, resignation, or death of a guardian, the court, upon the court's own
motion or upon a motion filed by any interested person, may appoint a successor
guardian or make any other appropriate order.
6. A notice of motion must accompany the motion for appointment of successor guardian
and must include a statement that provides an opportunity for hearing if requested in
regard to the appointment of a successor guardian. The notice of motion and motion
must be served on those identified in section 30.1-28-09.1.
7. If a hearing is not requested by or on behalf of the ward listed in the notice, the court
may sign an order appointing a successor guardian for that ward.