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North Dakota Petition for Appointment of a Temporary Emergency Guardian

State:
North Dakota
Control #:
ND-TH-106-01
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PDF
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A01 Petition for Appointment of a Temporary Emergency Guardian
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FAQ

The Court may appoint an emergency guardian when it appears that an individual lacks capacity, is in need of a guardian, and failure to make such an appointment will result in irreparable harm to the person and/or estate of the alleged incapacitated person (note the term incompetent is no longer used in guardianship

In an emergency, the court can appoint a temporary healthcare guardian for 90 days, or an emergency guardian for 15 days. Click here for a petition to be appointed a 15-day emergency guardian.

EXPLANATION OF A PETITION FOR APPOINTMENT OF GUARDIAN(S) A guardianship may be needed if someone cannot take care of him/herself and/or his/her property. The person who needs assistance is the proposed ward. If guardianship is granted, that person will be the ward.

A Guardian is appointed when the court wants an independent view of what has been happening and Page 2 what should happen in the child's life. A Children's Guardian will normally be appointed in certain court proceedings under The Children Act 1989. Children's Guardians are also involved in adoption proceedings.

One form of temporary guardianship is the emergency guardianship. This guardianship is generally granted where an emergency exists and someone is needed to give approval for the person to receive immediate services. A temporary guardian is appointed by the court to serve during the emergency only.

When should a guardian be appointed? A child guardian will be appointed when the family court requires an independent view of what has been happening in the concerned child's life and what should happen in their life. The court will appoint a children guardian in child proceedings under the Children Act 1989.

A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward.A parent of a child is normally not considered a guardian, though the responsibilities may be similar.

If child is 14 or older, child has the right to choose the custodial parent. If the child is 14 or older, child has the right to testify in court regarding the preference of custodial parent. If the child is 14 or older, the judge may consider the wishes of the child.

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North Dakota Petition for Appointment of a Temporary Emergency Guardian