North Dakota Code 30.1-28-12.2 – Restrictions on visitation, communication, and interaction with the ward – Removal of restriction
1. If it is in the best interests of the ward, a guardian may restrict visitation, communication, and interaction with the ward.
Terms Used In North Dakota Code 30.1-28-12.2
- Allegation: something that someone says happened.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. A family member, friend, the ward, clergy member, attorney, agency charged with the protection of vulnerable adults, or other interested person may move the court to remove the restriction on visitation, communication, and interaction with the ward.
3. The motion must state:
a. The movant’s relationship to the ward; b. Whether the guardian is unreasonably or arbitrarily denying or restricting visitation, communication, or interaction between the restricted party and the ward; and
c. The facts supporting the movant’s allegation that the guardian is unreasonably or arbitrarily denying or restricting visitation, communication, or interaction between the restricted party and the ward.
4. The movant shall serve the motion on the guardian, the ward, the ward’s spouse, and any other interested person.
5. The court shall set a hearing on the motion and provide notice of the hearing to the movant, the guardian, the ward, the ward’s spouse, and any other interested person.
6. The court shall take into consideration the ward’s wishes, and may conduct an in-camera interview with the ward and appoint a visitor or guardian ad litem.
7. If the court grants the motion for visitation, communication, or interaction, the court may impose conditions on visitation, communication, and interaction between the restricted party and the ward.
8. If the visitation, communication, or interaction is not in the best interests of the ward, the court may prohibit visitation, communication, or interaction between the restricted party and the ward.
9. The court may award reasonable costs and attorney’s fees to the prevailing party if the court finds:
a. The guardian unreasonably, arbitrarily, or in bad faith denied or restricted visitation, communication, or interaction between the restricted party and the ward; or
b. The motion was frivolous.
10. Costs and attorney’s fees awarded against the guardian may not be paid from the ward’s estate.
11. If a movant for visitation, communication, and interaction states the ward’s health is in significant decline or the ward’s death may be imminent, the court shall conduct an emergency hearing on the motion as soon as practicable but not later than fourteen days after the date the motion is filed or at a later date upon a showing of good cause.