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North Dakota General Guidelines for Writing a Letter of Intent and Communicating Your Wishes to the Guardians, Trustees and the Courts about Your Child

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Personal Planning
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US-01698BG
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Description

This type of a Letter of Intent is a document that you may prepare to help the guardians, trustees and the courts interpret your desires for your child. It is not a formal "legal" document, but most courts will generally look to it for guidance in understanding your child and your wishes. The courts tend to favor the family's wishes as long as they are not illegal or immoral. Should anything happen to you, the future guardians and/or trustees will have the information that will guide them in understanding your child's unique history and which will assist them in maintaining the quality and consistency of life which is so essential to any special child.


This Letter of Intent is a living document that should be updated and added to on a regular basis throughout your life. You may want to set aside an anniversary date to review your letter every year, and make needed changes. At other times events will require the letter to be changed immediately, such as noting a bad reaction to a specific medication. When you need to make changes you may only need to rewrite that portion of the letter. Placing the information on a computer for easy updates is one way to keep the document current.

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  • Preview General Guidelines for Writing a Letter of Intent and Communicating Your Wishes to the Guardians, Trustees and the Courts about Your Child
  • Preview General Guidelines for Writing a Letter of Intent and Communicating Your Wishes to the Guardians, Trustees and the Courts about Your Child
  • Preview General Guidelines for Writing a Letter of Intent and Communicating Your Wishes to the Guardians, Trustees and the Courts about Your Child
  • Preview General Guidelines for Writing a Letter of Intent and Communicating Your Wishes to the Guardians, Trustees and the Courts about Your Child
  • Preview General Guidelines for Writing a Letter of Intent and Communicating Your Wishes to the Guardians, Trustees and the Courts about Your Child

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FAQ

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.

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.

A guardianship of a minor child is a state court process where a judge appoints a guardian to act in the place of a parent of the minor child. A legal relationship is created between the guardian and the minor child, allowing the guardian to care for and make decisions on behalf of the minor child.

The subsidized guardianship program provides a means for a monthly cash payment for the child's maintenance needs to an eligible guardian who provides care to an eligible child.

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.

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