North Dakota Code 28-35-01 – (102) Definitions
In this chapter:
Terms Used In North Dakota Code 28-35-01
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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.
- Individual: means a human being. See North Dakota Code 1-01-49
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Property: includes property, real and personal. 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
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
1. “Adult” means an individual who has attained eighteen years of age.
2. “Conservator” means a person appointed by the court to administer the property of an adult, including a person appointed under chapter 30.1-29.
3. “Guardian” means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under chapter 30.1-28.
4. “Guardianship order” means an order appointing a guardian.
5. “Guardianship proceeding” means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.
6. “Incapacitated person” means an adult for whom a guardian has been appointed.
7. “Party” means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.
8. “Person”, except in the term incapacitated person or protected person, means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
9. “Protected person” means an adult for whom a protective order has been issued.
10. “Protective order” means an order appointing a conservator or other order related to management of an adult’s property.
11. “Protective proceeding” means a judicial proceeding in which a protective order is sought or has been issued.
12. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
13. “Respondent” means an adult for whom a protective order or the appointment of a guardian is sought.
14. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.