North Dakota Code 27-27-01 – Task force on guardianship monitoring
1. The North Dakota supreme court shall establish a task force on guardianship monitoring to address matters of guardianship accountability and further protections of individuals under guardianship. The task force on guardianship monitoring must include representatives from the guardianship monitoring program and protection and advocacy project and individuals representing guardianship service providers, family guardians, district court judges, and attorneys.
Terms Used In North Dakota Code 27-27-01
- Fraud: Intentional deception resulting in injury to another.
- 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.
2. The task force shall recommend the regulations necessary to enhance the guardianship monitoring program to investigate suspected guardian mismanagement or illegal behavior. The regulations must include:
a. Appropriate certification, training, and background requirements for the guardian investigator position relating to specialized training in guardianship services, financial management, investigations involving allegations of neglect, abuse, and exploitation of vulnerable adults, and training with the national guardianship association’s guardianship and conservator auditor and monitor investigator program; b. Procedures for investigating referrals from a judicial officer, the division of the department of health and human services that oversees vulnerable adult services, protection and advocacy, social workers, the ombudsman program, the Medicaid fraud control unit, and any entity that oversees or provides services for vulnerable adults; c. Procedures relating to the investigation of a single guardian or an entire guardianship service provider managed by a guardianship investigator; and
d. Any findings, recommendations, or improvements issued to the district court for review.
3. The task force on guardianship monitoring shall make the recommendations under subsection 2 to the supreme court. Upon receiving the recommendations, the supreme court may adopt rules implementing the recommendations.