ND HB1040

Creates new emergency guardian provisions allowing courts to appoint an emergency guardian for up to 60 days if compliance with standard procedures would likely cause substantial harm to the alleged incapacitated individual's health, safety, or welfare.

Permits emergency guardian appointment without notice to the alleged incapacitated individual if the court finds from affidavit or sworn testimony that substantial harm will occur before a hearing can be held, with notice required within 48 hours and a hearing within 5 days.

Requires courts to immediately appoint an attorney to represent the alleged incapacitated individual in emergency guardianship proceedings upon receipt of the petition.

Clarifies that emergency guardian appointment is not a determination of incapacity and does not grant full guardian powers, limiting the emergency guardian to only powers specified in the court order.

Repeals the prior temporary guardian statute and amends notice requirements in guardianship proceedings to reference emergency guardians instead of temporary guardians.