§ 30.1-28-16 — Court-authorized involuntary treatment with prescribed medication

1. A guardian, upon notice and hearing, may request authorization from the court to
consent to a ward to be treated with prescribed mood stabilizer or antipsychotic

medication. The petition may be considered by the court in the initial procedure for
court appointment of a guardian or at a separate involuntary treatment hearing
pursuant to section 30.1-28-17. Upon filing a petition, the court shall set a hearing date
on the issues and appoint an attorney guardian ad litem for the ward.
2. The guardian, as part of the petition, shall provide a report from the treatment expert
examiner, treating physician, physician assistant, clinical nurse specialist, or advanced
practice registered nurse which must certify:
a. The ward is a person requiring treatment;
b. The proposed prescribed mood stabilizer or antipsychotic medication is clinically
appropriate and necessary to effectively treat the ward;
c. The ward was offered the treatment and refused;
d. The prescribed mood stabilizer or antipsychotic medication is the least restrictive
form of intervention necessary to meet the treatment needs of the ward; and
e. The benefits of the treatment outweigh the known risks to the ward.
3. Evidence of the factors certified under subsection 2 may be presented to the court
within the petition, during the initial hearing for court appointment of a guardian under
section 30.1-28-03, or at a separate involuntary treatment hearing under section