North Dakota Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed

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Multi-State
Control #:
US-01207BG
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Word; 
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Description

A guardianship is a legal relationship created when a person is assigned by the court to take care of minor children. Generally, to become a guardian of a child either the party intending to be the guardian or another family member, or a close friend of the family will petition the court to appoint the guardian. The guardianship of a minor remains under court supervision until the child reaches majority at 18. Local laws vary, but many courts require certain interested parties to be served with notice of guardianship hearings. Such notices often have to be served upon the person, with a sworn statement of the person making the service later returned to the court as proof of such service. In some cases, the interested party may waive the notice requirements and/or join in the petition.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed
  • Preview Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed
  • Preview Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed
  • Preview Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed
  • Preview Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed

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FAQ

There are no hard-and-fast rules as to the age at which a child is considered mature enough to testify as to a preference regarding residential responsibility. A court might find a ten year old in one case mature enough to express a preference, but find otherwise regarding a thirteen year old in another case.

A North Dakota Juvenile Court may appoint a guardian without holding an in-court hearing only when: All living parents of the minor child consent in writing to the appointment of a specific guardian (or guardians). If a living parent's parental rights are terminated by court order, the parent's consent isn't required.

The North Dakota Department of Health and Human Services operates the Guardianship Establishment Program. This is a state-funded program that can provide financial assistance to people who are petitioning for guardianship of an incapacitated adult.

This is called an ex-parte appointment of an emergency guardian. A Juvenile Court Judge or Judicial Referee may appoint an ex-parte emergency guardian only when the petition shows, in writing, that the child will be substantially harmed before a hearing can be held.

If the court finds by clear and convincing evidence that a child is of sufficient maturity to make a sound judgment, the court may give substantial weight to the preference of the mature child.

Some of these agencies and organizations are: Protection & Advocacy Project, North Dakota Department of Human Services/Vulnerable Adult Protective Services, Legal Services of North Dakota, your district court, North Dakota Department of Human Services/Developmental Disabilities Division, North Dakota Department of ...

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North Dakota Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed