North Dakota Code 30.1-28-09 – (5-309) Notices in guardianship proceedings
1. In a proceeding for the appointment or removal of a guardian or for an alteration or termination of a guardianship other than for the appointment of an emergency guardian or for the temporary suspension of a guardian, notice of hearing shall be given by the petitioning party, unless otherwise directed by the court, to each of the following:
Terms Used In North Dakota Code 30.1-28-09
- children: includes children by birth and by adoption. See North Dakota Code 1-01-18
- 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.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- 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
a. The ward or the proposed ward and the ward’s or proposed ward’s spouse, parents, and adult children; b. Any person, corporation, or institution who is serving as the ward’s guardian, attorney in fact, representative payee for public benefits, or conservator, or who has the ward’s care and custody; c. If no other person is notified under subdivision a, then the adult siblings and any adult with whom the proposed ward resides in a private residence, or if none can be found, any known adult relative; and
d. The attorney for the proposed ward, the visitor, and the expert examiner, together with a copy of the respective order of appointment for each.
2. The petitioning party, unless otherwise directed by the court, shall cause notice to be served personally on the ward or proposed ward, and the ward’s or proposed ward’s spouse and parents if they can be found within the state. Notice to the spouse and parents, if they cannot be found within the state, and to all other persons except the ward or proposed ward must be given as provided in section 30.1-03-01.
3. The notice must be printed with not less than double-spaced twelve-point type. The notice must inform the ward or proposed ward of the ward’s or proposed ward’s rights at the hearing and must include a description of the nature, purpose, and consequences of an appointment of a guardian.