ND HB1049

Guardians may restrict a ward's visitation, communication, and interaction if it is in the ward's best interests.

Family members, friends, clergy, attorneys, vulnerable adult protection agencies, and other interested persons may petition the court to remove restrictions on ward contact.

Petitions must identify the movant's relationship to the ward and provide facts alleging the guardian is unreasonably or arbitrarily denying contact.

Courts may impose conditions on contact, grant full visitation rights, or prohibit contact based on the ward's best interests and wishes; courts must conduct emergency hearings within 14 days if the ward's health is in significant decline or death is imminent.

Courts may award reasonable costs and attorney's fees to the prevailing party if the guardian acted unreasonably, arbitrarily, in bad faith, or if the petition was frivolous; such fees cannot be paid from the ward's estate.