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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 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.

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).

The mission of the monitoring program is to help the Courts mitigate the risk of financial or other abuse of protected persons. This program provides financial and wellbeing reviews for adults under guardianship or conservatorship protection.

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 appointment of a guardian or conservator of a protected person does not constitute a general finding of legal incompetence unless the court so orders, and the protected person shall otherwise retain all rights which have not been granted to the guardian or conservator, with the exception of the ability to create an ...