North Dakota Conservatorship Questionnaire

State:
Multi-State
Control #:
US-Q1007
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a conservatorship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

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.

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.

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.

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 ...

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.

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North Dakota Conservatorship Questionnaire