North Dakota Code 30.1-28-05 – (5-305) Acceptance of appointment – Consent to jurisdiction – Order – Letters of guardianship
1. By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding so instituted must be served upon the guardian by the petitioner.
Terms Used In North Dakota Code 30.1-28-05
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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.
- 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
2. A copy of the order appointing the guardian must be served by the petitioner to those given notice under section 30.1-28-09. The order must contain the name and address of the guardian as well as notice of the ward’s right to appeal the guardianship appointment and of the ward’s right to seek alteration or termination of the guardianship at any time.
3. Letters of guardianship must contain:
a. The name, address, and telephone number of the guardian; b. The name, address, and telephone number of the ward; c. Specification of the guardian’s authority to make decisions on behalf of the ward in residential, educational, medical, legal, vocational, and financial areas. If limited authority has been granted in any area, the letters must describe the nature of the limitations; d. Specification of any other powers or authority conferred upon the guardian; and
e. Specification of limitations by the court upon the rights and privileges of the ward in matters not governed by powers of the guardian, such as voting, marriage, and driving.
4. The letters must issue to the guardian. The court shall mail copies to the ward and the ward’s counsel.