§ 54-68-02 — Office of guardianship and conservatorship - Purpose - Powers and duties - Report - Audit

Report - Audit.
1. The office of guardianship and conservatorship is established, consisting of the
operations committee, office staff, and review board.
2. The office, in its capacity of supervising and directing guardianship and
conservatorship, shall operate independently of any state agency that provides
services to individuals under guardianship or conservatorship. The office shall
administer programs assigned by state law. The office may adopt rules to administer
and enforce this chapter.
3. The office shall:
a. Develop policies and procedures, including eligibility criteria for:
(1) Receiving public services;
(2) A public guardian or a public conservator;
(3) A licensed guardian or a licensed conservator; and
(4) Distribution of funding for direct payments and expense reimbursements for
public services.
b. Develop ethical standards for:
(1) A licensed guardian or a licensed conservator; and
(2) An unlicensed guardian or an unlicensed conservator.
c. Monitor guardianship and conservatorship services.

d. Develop policies and procedures for proceedings if a guardian or a conservator is
unable to fulfill the duties of a guardian or a conservator.
e. Keep accurate records of all financial transactions performed under this chapter
in the manner required by the office of management and budget.
f. Provide a report each biennium to the legislative management regarding the
operations of the office, including the cost of public guardians and public
conservators, and any other information requested by the legislative
management.
4. The office may:
a. Recommend rules applicable to a licensed guardian or a licensed conservator.
b. Grant licenses to a guardian or conservator and agency permits, including
revoking or suspending an agency permit.
c. Require insurance or bond coverage for a licensed guardian or a licensed
conservator as a condition for licensure.
d. Establish mandatory disclosure and reporting requirements for a licensed
guardian or a licensed conservator, including a process to disclose information or
submit reports to the office.
e. Provide training for guardians and conservators.
f. Provide annual reports to the governor.
g. Distribute funding for direct payments, expense reimbursements, or other public
services, including funding for public administrators.
h. Establish and collect fees to support guardianship and conservatorship services
and the duties of the office, which must be deposited in the guardianship and
conservatorship support fund.
i. Seek and apply for private, federal, or other funds to help support guardians and
conservators and to safeguard the rights of individuals who receive public
services.
j. Accept private funds for deposit in the guardianship and conservatorship support
fund.
5. The office may not authorize payment for services for any public guardian or public
conservator that provides services for more individuals than allowed through statute,
regulation, or administrative rule.
6. The office, its officers, or its employees may not act as a public guardian or a public
conservator or act in any other representative capacity for any individual. This
subsection does not prohibit an officer or employee from acting as a guardian or
conservator in a personal capacity apart from any duties as an officer or employee.
7. The office is subject to audits by the state auditor under chapter 54-10.
8. The director of the office of management and budget shall allocate office space in the
state capitol for the office of guardianship and conservatorship, or, if office space in the
capitol is unavailable, shall negotiate for, contract for, and obtain office space for the
office in the city of Bismarck or in the Bismarck area. The office of guardianship and
conservatorship's office space may not be located in the office space of the
department of health and human services or the judicial branch and must provide
sufficient privacy and security for the office to conduct its business. The director of the
office of management and budget shall charge the office of guardianship and
conservatorship an amount equal to the fair value of the office space and related
services the office of management and budget renders to the office of guardianship
and conservatorship.