North Dakota Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a North Dakota court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on NDCC Title 30.1, chapters 30.1-26 through 30.1-30 (Uniform Probate Code Article V: guardianship, protective proceedings and durable powers of attorney), with definitions in 30.1-01-06; chapter 27-20.1 for court-appointed guardians of a child; chapter 30.1-36 for supported decisionmaking; chapter 28-35 for interstate cases

By Settled Estate EditorialPublished: June 28, 2026Updated: September 28, 2026

What guardianship and conservatorship mean here

Guardianship in North Dakota is a court case. A guardian makes personal decisions, such as where a person lives and what medical care they receive, for an adult the court finds incapacitated, and a conservator manages money and property. Before appointing a guardian the district court must find, by clear and convincing evidence, that the person is incapacitated, that no alternative resource plan such as a power of attorney, supported decisionmaking or in-home services would work instead, and that the powers given are the least restrictive form of intervention. Every adult petition triggers three court appointments: an attorney who serves as guardian ad litem, an expert examiner and a visitor. Orders last up to five years and are then reviewed. The ward keeps the right to vote, to marry or divorce, and to hold a driver's license unless the court makes specific findings. Guardianship of a child is handled separately, mostly in juvenile court.

North Dakota uses guardian for decisions about the person and conservator for decisions about money and property. The adult in a guardianship is the ward (30.1-01-06(63)); the person whose estate a conservator manages is the protected person (30.1-01-06(46)). A guardian's authority is set area by area (residential, educational, medical, legal, vocational and financial) as none, general or limited (30.1-28-04(5)). The guardian ad litem appointed in every adult case is an attorney who advocates for the person's best interests but may not act as the person's lawyer (30.1-28-03(4)(c)).

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Guardian of an Incapacitated Person (General Authority)

The court's order grants general authority in one or more of six areas: residential, educational, medical, legal, vocational and financial decisionmaking. A guardian has only the powers the order specifies. With custody, a guardian may set the ward's residence inside or outside North Dakota, but may not voluntarily admit the ward to a mental health facility or state institution for more than 45 days without a commitment proceeding or court order, and may not consent to psychosurgery, abortion, sterilization or experimental treatment without prior court approval.

NDCC 30.1-28-04(5); 30.1-28-12(1)-(4)

Conservator of a Protected Person's Estate

A conservator manages the money and property of an adult who cannot manage them effectively, or of a minor. The conservator acts as a fiduciary under the standards of care that apply to trustees, files a complete inventory under oath within 90 days, and reports and accounts to the court at least once a year. An order appointing a conservator has no effect on the protected person's capacity. A limited conservator manages only the financial resources the court lists.

NDCC 30.1-29-01; 30.1-29-17; 30.1-29-18; 30.1-29-19; 30.1-29-08(2)(e); 30.1-01-06(33)

Limited Guardian of an Incapacitated Person

A limited guardian supervises only the aspects of the ward's care the court names. The order must state, area by area, whether the guardian has no authority, general authority or limited authority, and a grant of limited authority must spell out the limits or the authority the ward keeps. The court may also find that the ward retains other specific rights.

NDCC 30.1-01-06(34); 30.1-28-04(4), (5)

More guardianship types7 additional arrangements courts use in specific situations, with statute cites

Emergency Guardian

If following the ordinary procedure is likely to cause substantial harm to the person's health, safety or welfare and no one else appears to have authority and willingness to act, the court may appoint an emergency guardian for a specified period of no more than 90 days. The court appoints a guardian ad litem immediately and holds a hearing within 10 days. The order may be extended once, for up to 90 more days, on good cause.

NDCC 30.1-28-10.1

Emergency Conservator

If following the ordinary procedure is likely to cause substantial harm to the person's estate and no one else appears to have authority and willingness to act, the court may appoint an emergency conservator for a specified period of no more than 90 days, with a guardian ad litem appointed immediately and a hearing within 10 days.

NDCC 30.1-29-20.1

Special Conservator for a Single Protective Arrangement

Once a basis for protection is established, the court may, without appointing a conservator, authorize, direct or ratify a transaction or arrangement meeting the person's foreseeable needs, such as paying or holding funds, selling or leasing property, an annuity, a life-care contract, or a trust. It may appoint a special conservator who has only the authority in the order and serves until discharged after reporting to the court.

NDCC 30.1-29-09

Guardian of a Child Appointed by the Juvenile Court

The juvenile court may appoint a guardian of a child, by clear and convincing evidence, when the appointment is in the child's best interest and both parents are dead or the surviving parent's rights were terminated with no will appointment, the parents have consented in writing by affidavit, all parental rights were terminated, or the child is a child in need of protection. The order suspends the parent's authority only to the extent granted to the guardian, lasts up to one year unless the court sets another period, and may never exceed three years.

NDCC 27-20.1-02; 27-20.1-11; 27-20.1-12(2)(f); 27-20.1-13

Testamentary Guardian of a Minor

A parent may appoint a guardian of an unmarried minor by will. The appointment takes effect when the guardian files an acceptance in the district court where the will is probated and stays effective once the court approves it, if both parents are dead or the surviving parent's rights were terminated. If both parents are dead, the appointment by the parent who died later has priority. The court appoints a guardian ad litem, the guardian must file a criminal history record check within 45 days, and any objection sends the case to juvenile court.

NDCC 30.1-27-02; 30.1-27-06; 30.1-27-07

Guardian for a Child Becoming an Incapacitated Adult

For a child who has reached seventeen years and six months and is expected to be incapacitated at 18, anyone interested in the child's welfare may petition in district court under the adult procedure. The court must appoint whoever had legal decisionmaking responsibility for the child at seventeen and a half unless that would be contrary to the adult's best interests, and the order may take effect on the eighteenth birthday.

NDCC 30.1-28-03.3

Successor Guardian Named by a Guardian Spouse or Guardian Parent

A spouse or parent who is already the guardian of an adjudicated incapacitated person may appoint a successor guardian by will. The appointment takes effect when the successor, after giving 7 days' written notice to the ward and to the ward's caregiver or nearest adult relative, files an acceptance in the court where the will is probated. The ward can end the appointment by filing a written objection, though the court may still appoint the same person after an adjudication.

NDCC 30.1-28-01

The North Dakota guardianship court process

1Confirm guardianship is the right toolThe court may appoint a guardian only if no alternative resource plan could safeguard the person instead.

The court may appoint a guardian only if no alternative resource plan could safeguard the person instead. Check first for a durable power of attorney, a health care directive, a supported decisionmaking agreement, a representative payee, or in-home and community services. If the problem is only money, a conservatorship or a single protective arrangement may be enough.

2Prepare the petitionAnyone interested in the person's welfare may petition.

Anyone interested in the person's welfare may petition. The petition must give the petitioner's and proposed ward's details, the caregiver, the closest relatives, a description and value of property and income, the authority sought in each of the six decision areas, the proposed guardian's occupation and qualifications, specific facts showing the need, any conservator, agent or representative payee, a statement that less intrusive alternatives were considered, a recent expert examiner statement if available, and whether it seeks to restrict voting, marital status, a driver's license or firearms.

3File in the right district court and pay the feeFile with the clerk of district court in the county where the proposed ward lives or is present.

File with the clerk of district court in the county where the proposed ward lives or is present. The clerk's statutory fee for filing a case for decision is $160. No filing fee may be charged when the petition is filed by a member of the person's individual treatment plan team or a state employee in the course of official duties, and the clerk may not charge the state or a political subdivision.

4The court appoints a guardian ad litem, an expert examiner and a visitorOn filing, the court promptly sets a hearing and appoints three people.

On filing, the court promptly sets a hearing and appoints three people. An attorney serves as guardian ad litem, interviews and advises the proposed ward, advocates for their best interests and files a report. An expert examiner (a physician, psychiatrist, licensed psychologist, qualified advanced practice registered nurse or physician assistant) examines the person and files a written report. A visitor interviews the proposed ward and proposed guardian, visits the home, and reports on the person's capacity and whether the proposed guardian should be appointed.

5Give notice of the hearingNotice goes to the proposed ward, their spouse, parents and adult children, any current guardian, agent, representative payee, conservator or caregiver, the adult siblings or co-resident adult if none of those, and the attorney, visitor and expert examiner.

Notice goes to the proposed ward, their spouse, parents and adult children, any current guardian, agent, representative payee, conservator or caregiver, the adult siblings or co-resident adult if none of those, and the attorney, visitor and expert examiner. The proposed ward, spouse and parents are served personally if they can be found in North Dakota; others get notice by mail or delivery at least 14 days before the hearing, or by publication if they cannot be found. The notice must be in at least double-spaced 12-point type and explain the proposed ward's rights.

6Attend the hearingThe proposed ward must be present in person or remotely unless good cause is shown, and physical difficulty alone is not good cause.

The proposed ward must be present in person or remotely unless good cause is shown, and physical difficulty alone is not good cause. The proposed ward may present evidence and cross-examine witnesses, including the expert examiner and the visitor. The hearing is closed unless the proposed ward or their attorney or guardian ad litem asks for it to be open, and the proposed guardian must attend unless excused.

7Findings and orderThe court appoints a guardian only on clear and convincing findings of incapacity, no suitable alternative, necessity, and least restrictive powers.

The court appoints a guardian only on clear and convincing findings of incapacity, no suitable alternative, necessity, and least restrictive powers. The order sets the guardian's authority in each of the six areas, may require a bond, and requires a beginning inventory of the ward's assets within 90 days. The ward keeps the right to vote, to seek to change marital status and to hold a driver's license unless the court makes specific findings. An order is effective for up to five years.

8Accept appointment and receive lettersBy accepting, the guardian submits to the court's jurisdiction.

By accepting, the guardian submits to the court's jurisdiction. The petitioner serves the order, which must tell the ward of the right to appeal and to seek changes at any time, and the court issues letters of guardianship listing the guardian's authority and any limits on the ward's rights, with copies mailed to the ward and the ward's counsel.

9Report every yearA guardian files an annual report with the clerk of district court on the ward's condition, residence changes, medical treatment, income and spending, property transfers and legal actions, with an accounting of the ward's estate and a statement of whether guardianship is still needed.

A guardian files an annual report with the clerk of district court on the ward's condition, residence changes, medical treatment, income and spending, property transfers and legal actions, with an accounting of the ward's estate and a statement of whether guardianship is still needed. Copies go to the parties, any conservator and the ward, whose copy must explain the right to seek changes. The state court administrator provides forms. A guardian who does not file may be ordered to show cause or be held in contempt.

10Review, modification, removal or terminationAt least 90 days before a five-year order expires the court gathers information and holds a hearing on whether to reappoint.

At least 90 days before a five-year order expires the court gathers information and holds a hearing on whether to reappoint. At any time, the ward or anyone interested may ask, even by informal letter, to end or change the guardianship, and anyone who knowingly interferes with that request may be held in contempt. A hearing must be held within 60 days unless good cause is shown. The court may remove a guardian in the ward's best interests and appoint a successor.

How long it takes

North Dakota sets no deadline for the first guardianship hearing: the court 'promptly' sets a date once the petition is filed, and the time to appointment depends on the district court's calendar and on how quickly the guardian ad litem, expert examiner and visitor report. Mailed notice must go out at least 14 days before the hearing. An emergency guardian can be in place within days, with a hearing within 10 days of the petition, for up to 90 days. North Dakota publishes no typical duration, and a contested case takes longer.

Emergency guardian maximum: 90 days, plus one extension of up to 90 days (NDCC 30.1-28-10.1(1), (6))
Emergency guardian hearing: within 10 days of the petition, or within 10 days after an appointment made without notice (NDCC 30.1-28-10.1(1), (2))
Notice of an emergency appointment made without notice: within 48 hours (NDCC 30.1-28-10.1(2))
Emergency conservator maximum: 90 days (NDCC 30.1-29-20.1(1))
Notice before a guardianship hearing: at least 14 days by mail or personal delivery, or three weeks of publication ending at least 10 days before if a person cannot be found (NDCC 30.1-03-01(1))
Personal service before a conservatorship hearing: at least 14 days (NDCC 30.1-29-05)
Demand to change venue: must be filed and served more than 3 days before the hearing to be granted as of right (NDCC 30.1-28-02)
Beginning inventory by a guardian: within 90 days of the order (NDCC 30.1-28-04(5))
Conservator inventory due: within 90 days after appointment (NDCC 30.1-29-18)
Guardian report: annually (NDCC 30.1-28-12(8))
Conservator accounts: at least once a year (NDCC 30.1-29-19(1))
Length of an adult guardianship or conservatorship order: up to 5 years, renewable after a review hearing; the court starts the review at least 90 days before expiry (NDCC 30.1-28-04(5); 30.1-29-08(3))
Hearing on a request to modify or terminate: within 60 days unless good cause is shown (NDCC 30.1-28-07(3))
Emergency visitation hearing when the ward is in decline: within 14 days of the motion (NDCC 30.1-28-12.2(11))
Initial involuntary medication order: no more than 90 days unless the court authorizes continuing treatment (NDCC 30.1-28-16(4); 30.1-28-18)
Notice before accepting a testamentary successor guardianship: 7 days (NDCC 30.1-28-01(1))
Testamentary guardian of a minor criminal history check: within 45 days of filing the acceptance (NDCC 30.1-27-02)
Guardian ad litem report on a testamentary guardian: within 60 days of the guardian ad litem's appointment (NDCC 30.1-27-06(2)(e))
Objection to a testamentary guardian of a minor: within 14 days of the guardian ad litem's report (NDCC 30.1-27-07(1))
Juvenile court guardianship of a child order: up to 1 year unless the court sets another period for good cause, never more than 3 years (NDCC 27-20.1-17(1))
Emergency guardian of a child: a hearing within 96 hours when appointed without a hearing or notice; the appointment may last up to 60 days from the hearing, extendable up to 6 months (NDCC 27-20.1-18)
Delegation of parental powers by power of attorney: up to 6 months (NDCC 30.1-26-04)
Review after accepting an out of state guardianship: within 90 days of the final order accepting transfer (NDCC 28-35-16(6))
Hearing for a new adult guardianship: not fixed by statute; the court sets it promptly after filing (NDCC 30.1-28-03(3))

Alternatives to consider before guardianship

Supported Decisionmaking Agreement

A written, signed, dated and witnessed agreement in which a trusted adult agrees to help the person gather and understand information, weigh choices and communicate decisions. It must be verified by a notary or two qualified witnesses, does not let the supporter sign or decide for the person, and third parties who receive a copy must generally rely on it.

NDCC 30.1-36-01(4); 30.1-36-04; 30.1-36-07

Durable Power of Attorney

A power of attorney stays in force during incapacity only if it contains words showing that intent, such as 'This power of attorney is not affected by subsequent disability or incapacity of the principal or by lapse of time.' It can also nominate a future conservator or guardian, and the court must consider existing durable powers of attorney before appointing a guardian.

NDCC 30.1-30-01; 30.1-30-03; 30.1-28-04(2)(b)

Health Care Directive

A written directive naming a health care agent, or giving instructions, signed and verified by a notary or two witnesses who are at least 18, with limits on who may witness. The agent's authority usually begins when the attending physician, psychiatrist or psychologist certifies in writing that the person lacks capacity. Unless a court decides otherwise, the agent's authority takes precedence over a guardian's medical decisionmaking.

NDCC 23-06.5-03; 23-06.5-05; 23-06.5-13(1)

Health Care Consent by Family Without a Guardian

When an adult cannot make a health care decision and has no health care agent or guardian, North Dakota lets a spouse, adult child, parent, adult sibling, grandparent, adult grandchild, close relative or friend with significant contact, or finally an interdisciplinary team, give informed consent, in that order of priority.

NDCC 23-12-13(2)

Alternative Resource Plan

A plan using support services and arrangements the person accepts, such as visiting nurses, homemakers, home health aides, personal care attendants, adult day care, home and community-based care, human service zones, developmental disability services, representative or protective payees, and licensed congregate care. The court may not appoint a guardian if a suitable plan exists.

NDCC 30.1-01-06(2); 30.1-28-04(2)(c)

Protective Arrangement or Single Transaction Without a Conservator

Once a basis for protection is shown, the court can authorize, direct or ratify a single transaction or arrangement, such as paying or holding funds, selling or leasing property, buying an annuity or life-care contract, or funding a trust, without appointing a general conservator, appointing a special conservator only to carry it out.

NDCC 30.1-29-09

Parent's or Guardian's Delegation of Powers by Power of Attorney

A parent, or the guardian of a minor or incapacitated person, may delegate powers over the child's or ward's care, custody or property by power of attorney for up to 6 months, except the power to consent to a minor ward's marriage or adoption. A juvenile court guardian of a child needs prior court approval to delegate.

NDCC 30.1-26-04; 27-20.1-15(2)(i)

Payments to a Minor's Caregiver Without a Conservator

A person who owes money or personal property to a minor may pay up to $5,000 a year to the minor if married, to the person the minor lives with who has care and custody, to the minor's guardian, or into a federally insured savings account in the minor's name, unless they know a conservator has been appointed or is being sought.

NDCC 30.1-26-03

Planning ahead: naming a guardian in advance

Naming a guardian in advance: A North Dakota adult can name a future guardian of the person, guardian of the estate or conservator in a durable power of attorney. The court shall appoint in line with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification (30.1-30-03(2)), and the guardian and conservator priority sections put that nomination ahead of every other candidate (30.1-28-11(2); 30.1-29-10(2)). A nomination made some other way, by a person 14 or older with enough capacity to make an intelligent choice, is first on the ordinary priority list (30.1-28-11(3)(a)). A health care directive may state limits on nominating the health care agent as guardian (23-06.5-05.1(4)).

Guardianship costs

Court filing fee: $160 to file a guardianship or conservatorship case with the clerk of district court under NDCC 27-05.2-03(1)(a), charged since July 1, 2025. No fee is charged when the petition is filed by the person's treatment plan team or a state employee acting officially (30.1-28-03(1)).
Guardian ad litem visitor and expert examiner: The court appoints an attorney guardian ad litem, an expert examiner and a visitor in every adult guardianship (NDCC 30.1-28-03(3)). Each may receive reasonable compensation from the ward's estate if it will not unreasonably jeopardize the ward's well-being (30.1-28-03(11)). Local practice on the amounts varies.
Attorney fees for the petition: $2,500 to $8,000 nationally for an uncontested case, and materially more if anyone objects. This is a national range, not a North Dakota figure.
Medical or capacity evaluation: $300 to $2,000 nationally, depending on the clinician and the depth of the assessment. North Dakota requires an expert examiner's written report in every adult guardianship (NDCC 30.1-28-03(5)).
Bond premium: Only when a bond is required: always for a conservator unless reduced or waived for good cause (NDCC 30.1-29-11), and for a guardian only if the court orders one (30.1-28-04(7)). Roughly 0.5 percent of the bonded amount a year nationally, depending on the surety.
Annual reporting: No separate statutory fee for filing a guardian's annual report was found in 27-05.2-03. Preparing reports and accountings costs little if the guardian uses the state court administrator's forms, and more if an attorney or accountant prepares them.

Costs vary by county and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in North Dakota?

What are the alternatives to guardianship in North Dakota?

Less restrictive alternatives in North Dakota include Supported Decisionmaking Agreement, Durable Power of Attorney, Health Care Directive, Health Care Consent by Family Without a Guardian. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.

How long does the North Dakota guardianship process take?

Do I need a lawyer to file for guardianship in North Dakota?

Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some North Dakota courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.

Guardian vs. conservator in North Dakota: what is the difference?

Statutes and sourcesOfficial references used for this page

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Information current as of September 28, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in North Dakota can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.