North Dakota § 30.1-28-09 (5-309) Notices in guardianship proceedings

North Dakota Statutes

§ 30.1-28-09 — (5-309) Notices in guardianship proceedings

North Dakota § 30.1-28-09

Title 30.1Uniform Probate Code

Ch. 30.1-28Guardians of Incapacitated Persons

This text of North Dakota § 30.1-28-09 ((5-309) Notices in guardianship proceedings) 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 § 30.1-28-09 (2026).

Text

1.In a proceeding for the appointment of a guardian and, if notice is required, for the appointment of an emergency guardian, notice of hearing shall be given by the petitioning party, unless otherwise directed by the court, to each of the following:

a.The ward or the proposed ward and the ward's or proposed ward's spouse, parents, and adult children;

b.Any person, corporation, or institution who is serving as the ward's guardian, attorney in fact, representative payee for public benefits, or conservator, or who has the ward's care and custody;

c.If no other person is notified under subdivision a, then the adult siblings and any adult with whom the proposed ward resides in a private residence, or if none can be found, any known adult relative; and

d.The attorney for the proposed ward,

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1. In a proceeding for the appointment of a guardian and, if notice is required, for the
appointment of an emergency guardian, notice of hearing shall be given by the
petitioning party, unless otherwise directed by the court, to each of the following:
a. The ward or the proposed ward and the ward's or proposed ward's spouse,
parents, and adult children;
b. Any person, corporation, or institution who is serving as the ward's guardian,
attorney in fact, representative payee for public benefits, or conservator, or who
has the ward's care and custody;
c. If no other person is notified under subdivision a, then the adult siblings and any
adult with whom the proposed ward resides in a private residence, or if none can
be found, any known adult relative; and
d. The attorney for the proposed ward, the visitor, and the expert examiner, together
with a copy of the respective order of appointment for each.

2. The petitioning party, unless otherwise directed by the court, shall cause notice to be
served personally on the ward or proposed ward, and the ward's or proposed ward's
spouse and parents if they can be found within the state. Notice to the spouse and
parents, if they cannot be found within the state, and to all other persons except the
ward or proposed ward must be given as provided in section 30.1-03-01.
3. The notice must be printed with not less than double-spaced twelve-point type. The
notice must inform the ward or proposed ward of the ward's or proposed ward's rights
at the hearing and must include a description of the nature, purpose, and
consequences of an appointment of a guardian.
30.1-28-09.1. Notices in guardianship proceedings subsequent to appointment.
Notice in a guardianship proceeding subsequent to appointment of a guardian must be
given to the parties, the conservator, if any, the ward, and any interested persons designated in
the order of the court.