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ND SB2072

Bill

Status

Passed

4/9/2019

Primary Sponsor

Judiciary Committee

Click for details

Origin

Senate

66th Legislative Assembly

AI Summary

  • Establishes a two-court system for guardianships: district courts handle approval of testamentary guardian appointments, while juvenile courts have exclusive jurisdiction over objections and court-appointed guardianships.

  • Requires appointment of a guardian ad litem within 45 days of a testamentary appointment acceptance to interview involved parties, explain proceedings to the minor, and submit a written report within 60 days recommending whether the appointment serves the minor's best interests.

  • Mandates criminal background checks and affidavits from proposed testamentary guardians within 45 days of acceptance, disclosing any investigations for theft, fraud, abuse, neglect, or exploitation of adults or children.

  • Allows minors and interested parties to object to testamentary appointments within 14 days of the guardian ad litem's report filing; objections must contain specific facts demonstrating the appointment is contrary to the minor's best interests and trigger automatic transfer to juvenile court.

  • Transfers all subsequent guardianship proceedings (resignations, removals, accounting, and other matters) to the juvenile court where the minor resides upon approval of the guardianship and issuance of letters of guardianship.

Legislative Description

Guardianships of minors.

Last Action

Signed by Governor 04/08

4/9/2019

Committee Referrals

Judiciary1/3/2019

Full Bill Text

No bill text available