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

North Dakota Statutes

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

North Dakota § 30.1-28-16

Title 30.1Uniform Probate Code

Ch. 30.1-28Guardians of Incapacitated Persons

This text of North Dakota § 30.1-28-16 (Court-authorized involuntary treatment with prescribed medication) 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 § 30.1-28-16 (2026).

Text

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 stabi

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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