ND risk area
Guardianship risk in North Dakota
How courts appoint guardians for minors when no plan is in place.
North Dakota allows parents to appoint a guardian by will and allows minors age 14 or older to object to a testamentary appointment.
What happens to minor children immediately after a death?How does the court choose a guardian?How long can the guardianship process take?
At a glance
Key takeaways
- A parent may appoint a guardian by will, and the appointment becomes effective upon acceptance and court approval.
- A minor age 14 or older may object to a testamentary appointment within the statutory window.
- The court may appoint a temporary guardian when necessary.
- Older minors may nominate a guardian, subject to court approval.
Questions to consider
Questions this risk area helps you evaluate in North Dakota
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
North Dakota allows parents to appoint a guardian by will and allows minors age 14 or older to object to a testamentary appointment.
- A parent may appoint a guardian by will, and the appointment becomes effective upon acceptance and court approval.
- A minor age 14 or older may object to a testamentary appointment within the statutory window.
- The court may appoint a temporary guardian when necessary.
- Older minors may nominate a guardian, subject to court approval.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
- Temporary or emergency guardianships may be available for urgent situations.
Sources
Risk sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in North Dakota.