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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 guardian or conservator can only be appointed by the court. A petition explaining the need for a guardianship or conservatorship must be filed. An evaluation report from a doctor, a licensed psychologist, or a psychiatrist must be completed and filed with the court.

If the judge or judicial referee decides, based on the evidence presented, that the adult is incapacitated, a guardian is appointed to make medical, legal, residential, educational, vocational, and some financial decisions for the adult. After a guardian is appointed, the adult is referred to as the Ward.

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.

To do so, North Dakota Century Code § 14-15-19(2), requires both parents to sign away their rights in writing to the agency taking custody of the child or in the presence and with approval of a judge.

Generally, North Dakota Juvenile Court holds an in-court hearing before appointing a guardian. 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).