§ 30.1-29-09 — (5-409) Protective arrangements and single transactions authorized

1. If it is established in a proper proceeding that a basis exists, as described in section
30.1-29-01, for affecting the property and affairs of a person, the court, without
appointing a conservator, may authorize, direct, or ratify any transaction necessary or
desirable to achieve any security, service, or care arrangement meeting the
foreseeable needs of the protected person. Protective arrangements include payment,
delivery, deposit, or retention of funds or property, sale, mortgage, lease, or other
transfer of property, entry into an annuity contract, a contract for life care, a deposit
contract, a contract for training and education, or addition to or establishment of a
suitable trust. The sale of real property is subject to section 30.1-29-22.
2. When it has been established in a proper proceeding that a basis exists, as described
in section 30.1-29-01, for affecting the property and affairs of a person, the court,
without appointing a conservator, may authorize, direct, or ratify any contract, trust, or
other transaction relating to the protected person's financial affairs or involving the
protected person's estate if the court determines that the transaction is in the best
interests of the protected person.
3. Before approving a protective arrangement or other transaction under this section, the
court shall consider the interests of creditors and dependents of the protected person
and, in view of the protected person's disability, whether the protected person needs
the continuing protection of a conservator. The court may appoint a special
conservator to assist in the accomplishment of any protective arrangement or other
transaction authorized under this section who shall have the authority conferred by the
order and serve until discharged by order, after report to the court of all matters done
pursuant to the order of appointment.
4. This section does not apply to a guardian or conservator.