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ND SB2057

Bill

Status

Passed

3/18/2021

Primary Sponsor

Human Services Committee

Click for details

Origin

Senate

67th Legislative Assembly

AI Summary

  • Amends North Dakota Century Code to allow guardians to seek court authorization to sell, mortgage, lease, or otherwise encumber real property or personal property valued over $2,500 belonging to a ward for purposes including paying debts, providing care and maintenance, or other purposes in the ward's best interests.

  • Personal property valued at $2,500 or less may be sold without court order, while sales or encumbrances of property valued over $2,500 require court approval.

  • Court motions for property transactions must include property type and description, transaction details, reason for transaction, fair market value (with appraisal required for real property unless good cause shown), and explanation of best interests to ward.

  • Requires motion to be served on the ward, ward's spouse, and all interested persons, with a 10-day period for objections and right to demand hearing if transaction is opposed.

  • Court's authorization order must include specific findings regarding whether the transaction is in the best interests of the ward; prohibits guardians from purchasing or leasing ward's property without court approval of price and terms.

Legislative Description

Powers and duties of a guardian.

Last Action

Signed by Governor 03/17

3/18/2021

Committee Referrals

Judiciary2/19/2021
Health and Human Services1/5/2021

Full Bill Text

No bill text available