§ 30.1-29-22 — (5-422) Authorization of single transaction to sell real property of the protected person

protected person.
1. Any sale or encumbrance to a conservator, the conservator's spouse, agent, or
attorney, or any corporation, limited liability company, or trust in which the conservator
has a substantial beneficial interest, or any transaction which is affected by a
substantial conflict of interest is voidable unless the transaction is approved by the
court, after notice to interested persons and others as directed by the court.
2. A conservator shall move the court for authorization to sell real property of the person
to be protected, upon such terms as the court may order, for the purpose of paying the
protected person's debts; providing for the care, maintenance, rehabilitation, training,
or education of the person to be protected or the dependents of the person to be
protected; or for any other purpose in the best interests of the person to be protected.
a. The motion must contain:
(1) A description of the property;
(2) The details of the sale;
(3) The reason for the transaction;
(4) The current fair market value of the property, including an appraisal unless
good cause is shown;
(5) An explanation of why the transaction is in the best interest of the person to
be protected; and
(6) A notice that any person interested in the real property of the person to be
protected must file an objection to the transaction within ten days of the
notice and demand a hearing.
b. The motion must be served upon those identified in section 30.1-29-05.1.
c. Consent of the spouse of the person to be protected or interested persons must
be filed with the motion. If the motion is unopposed, the court may authorize the
transaction without a hearing or may conduct a hearing and require proof of the
matters necessary to support the authorization of the transaction.
d. The court's order must include specific findings regarding whether the transaction
is in the best interests of the person to be protected.