Fillable Instructions for Motion to Add a Co-Guardian (North Dakora Judicial Branch)

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Instructions for Motion to Add a Co-Guardian (North Dakora Judicial Branch)

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www.ndcourts.gov; “Legal Self Help & Forms” [Page 1 of 7] Rev. May 2020
Instructions for Motion to Add a Co-Guardian
IMPORTANT! READ BEFORE USING THESE FORMS AND INSTRUCTIONS
ND Legal Self Help Center staff and court employees can’t help you fill out forms.
If you’re unsure how to proceed, or need legal advice or legal representation, consult a lawyer
licensed to practice in North Dakota.
To protect your rights, carefully read this information and any instructions to which you are
referred.
When you represent yourself, you’re expected to know and follow the law, including:
• State or federal laws that apply to your case;
• Case law, also called court opinions, that applies to your case; and
• Court rules that apply to your case, which may include:
o North Dakota Rules of Civil Procedure;
o North Dakota Rules of Court;
o North Dakota Rules of Evidence;
o North Dakota Administrative Rules and Orders; and
o Any local court rules.
Links to the state laws, case law, and court rules can be found at www.ndcourts.gov.
When you represent yourself, you’re held to the same requirements and
responsibilities as a lawyer, even if you don’t understand the rules or procedures. If
you’re unsure if these forms and instructions suit your circumstances, consult a lawyer.
• If you would like to learn more about finding a lawyer to represent you, go to
www.ndcourts.gov/legal-self-help/finding-a-lawyer.
A glossary with definitions of legal terms is available at www.ndcourts.gov/legal-self-help.
These instructions and forms aren’t a complete statement of the law. They cover the basic
procedure for asking a North Dakota state district court to add a Co-Guardian to an existing
guardianship of an adult. There’s no guarantee that all judges and courts will accept forms
available through the ND Legal Self Help Center. The Center isn’t responsible for any
consequences that may result from the forms or information provided.
Use at your own risk.
Don’t include these instructions when you serve or file the completed forms.
www.ndcourts.gov; “Legal Self Help & Forms” [Page 2 of 7] Rev. May 2020
Purpose
These forms may be used by a current Guardian to ask the North Dakota State District Court to
add a Co-Guardian to the existing guardianship of an adult.
If the District Court approves the request, the current Guardian and the new Co-Guardian both
act as guardian for the Ward.
North Dakota Century Code Chapter 30.1-28 gives the requirements and procedures related to
District Court proceedings for guardianship of an adult.
If you’re a Guardian representing yourself, you complete and sign the forms. If you’re unsure
how to proceed or unsure if these forms are suitable for your situation, consult an attorney.
The Nominated Co-Guardian MUST Complete the Guardian Qualification and Training
Requirements
Before completing the forms packet, the person nominated to be appointed Co-Guardian MUST
complete the Rule 59 of the North Dakota Supreme Court Administrative Rules guardian
qualification and training requirements.
The person nominated to be appointed Co-Guardian should review Rule 59 carefully!
The North Dakota Guardianship Training Course and affidavit forms for the nominated Co-
Guardian are available at www.ndcourts.gov/legal-self-help. Scroll to the “Guardians and
Conservators” section and click on the “Guardianships of Adults” section.
The affidavit forms and the training course is in the “Guardian Qualifications and Training
Requirements” section.
For the cost and process of obtaining a North Dakota criminal history record report, contact the
Bureau of Criminal Investigation Division of the North Dakota Attorney General.
(https://attorneygeneral.nd.gov/public-safety/criminal-history-records)
(This space left intentionally blank.)
www.ndcourts.gov; “Legal Self Help & Forms” [Page 3 of 7] Rev. May 2020
Forms
The forms in the Motion for Appointment of Co-Gua
rdian packet are:
Form 1. Notice of Motion for Appointment of Co-Guardian;
Form 2. Motion for Appointment of Co-Guardian;
Form 3. Brief in Support of Motion for Appointment of Co-Guardian;
Form 4. Affidavit in Support of Motion for Appointment of Co-Guardian;
Form 5. Nominee Statement;
Form 6. Findings of Fact and Order Appointing Co-Guardian (Proposed);
Form 7. Letters of Guardianship (Proposed);
Form 8. Affidavit of Service by Mail; and
Form 9. Affidavit of Service by Hand Delivery.
Form 1: Notice of Motion for Appointment of Co-Guardian
• Top of Form (Caption)
o Enter the county and district court names.
o Fill in legal name of the ward.
o Enter the case number from your Letters of Guardianship.
• Date and Signature
o Date and sign the form.
o Complete the lines following the signature line.
Form 2: Motion for Appointment of Co-Guardian
• Top of Form (Caption)
o Fill in the Caption exactly as you filled in the Caption for Form 1: Notice of Motion.
• Complete Paragraphs 1 through 3 of the Form
• Date and Signature
o Date and sign the form.
o Complete the lines following the signature line.
www.ndcourts.gov; “Legal Self Help & Forms” [Page 4 of 7] Rev. May 2020
Form 3. Brief in Support of Motion for Appointment of Co-Guardian
• Top of Form (Caption)
o Fill in the Caption exactly as you filled in the Caption for Form 1: Notice of Motion.
• Complete Paragraphs 1 through 10 of the Form
• Date and Signature
o Date and sign the form.
o Complete the lines following the signature line.
Form 4. Affidavit in Support of Motion for Appointment of Co-Guardian
• Top of Form (Caption)
o Fill in the Caption exactly as you filled in the Caption for Form 1: Notice of Motion.
• Complete Paragraphs 1 through 10 of the Form
• Date and sign the Affidavit
o By signing this Affidavit, you are declaring everything you stated in this Affidavit is
true and correct.
o Indicate the county, state, and country where the affidavit was signed.
o Print the date the affidavit was signed;
o Sign the affidavit;
o Print your name, address, telephone number, and email address.
Form 5. Nominee Statement – Completed by the Person Nominated as Co-Guardian
• Top of Form (Caption)
o The nominated Co-Guardian fills in the Caption exactly as the Caption for Form 1:
Notice of Motion is filled in.
• The Nominated Co-Guardian Completes Paragraphs 1 through 10 of the Form
• The Nominated Co-Guardian Dates and Sign this form.
o By signing this Affidavit, the Nominated Co-Guardian is declaring everything they
stated in this Affidavit is true and correct.
www.ndcourts.gov; “Legal Self Help & Forms” [Page 5 of 7] Rev. May 2020
o The Nominated Co-Guardian:
o Indicates the county, state, and country where the affidavit was signed.
o Prints the date the affidavit was signed;
o Signs the affidavit;
o Prints their name, address, telephone number, and email address
Form 6. Findings of Fact and Order Appointing Co-Guardian (Proposed)
• Top of Form (Caption)
o Fills in the Caption exactly as the Caption for Form 1: Notice of Motion is filled in.
• Ward Information – Before Paragraph 1
o Fill in the Ward’s name, age and address.
• Leave the Rest of the Form Blank
o If the judicial officer appoints the Co-Guardian and uses this form as the judicial
officer’s Findings of Fact and Order, the judicial officer will complete and sign the
form.
Form 7. Letters of Guardianship (Proposed)
• Top of Form (Caption)
o Fills in the Caption exactly as the Caption for Form 1: Notice of Motion is filled in.
• Ward Information – Before the Co-Guardians’ Signatures
o Fill in the Ward’s name and address.
• Leave the Rest of the Form Blank
o If the judicial officer appoints the Co-Guardian and uses this form as the judicial
officer’s Letters of Guardianship, the judicial officer will complete and sign the form.
(This space left intentionally blank.)
www.ndcourts.gov; “Legal Self Help & Forms” [Page 6 of 7] Rev. May 2020
Arrange to Have Completed Motion for Appointment of Co-Guardian Forms Served
The ward and all interested persons designated in the order appointing you as Guardian must
receive a copy of each of the following completed forms and any supporting documents you
plan to file:
Form 1. Notice of Motion for Appointment of Co-Guardian;
Form 2. Motion for Appointment of Co-Guardian;
Form 3. Brief in Support of Motion for Appointment of Co-Guardian;
Form 4. Affidavit in Support of Motion for Appointment of Co-Guardian;
Form 5. Nominee Statement;
Form 6. Findings of Fact and Order Appointing Co-Guardian (Proposed); and
Form 7. Letters of Guardianship (Proposed).
Copies may be mailed by first class, postage prepaid, or hand-delivered.
Before the court can act on your motion for appointment of Co-Guardian, you must provide
proof that copies of the completed documents were mailed or hand-delivered to the ward and
all interested persons.
An affidavit of service gives the court proof that copies were provided.
Two affidavit of service forms are included in this forms packet.
Form 8: Affidavit of Service by Mail; and
Form 9: Affidavit of Personal Service.
If you arrange to have the copies served by mail, the individual who takes the envelopes to the
United States Post Office and pays the first-class postage completes Form 8: Affidavit of Service
by Mail.
If you arrange to have the copies served hand-delivered, the individual who hand-delivers the
copies completes Form 9: Affidavit of Personal Service.
For more information about service of documents and blank affidavit of service forms, go to
www.ndcourts.gov/legal-self-help and scroll to the “District Court Civil” section. Click on
“Service Instructions and Forms” and review the information and forms in the “Service After a
Civil Action Has Started” section.
www.ndcourts.gov; “Legal Self Help & Forms” [Page 7 of 7] Rev. May 2020
File the Original, Completed Forms with the Clerk of Court that Currently has Jurisdiction
File the original, completed motion for appointment of Co-Guardian forms, any supporting
documentation, and the affidavit(s) of service with the clerk of court of the North Dakota State
District Court that currently has jurisdiction of the guardianship.
Form 1. Notice of Motion for Appointment of Co-Guardian;
Form 2. Motion for Appointment of Co-Guardian;
Form 3. Brief in Support of Motion for Appointment of Co-Guardian;
Form 4. Affidavit in Support of Motion for Appointment of Co-Guardian;
Form 5. Nominee Statement;
Form 6. Findings of Fact and Order Appointing Co-Guardian (Proposed);
Form 7. Letters of Guardianship (Proposed);
Form 8: Affidavit of Service by Mail (if you arranged for service by mail);
Form 9: Affidavit of Personal Service (if you arranged for hand-delivery).
You may be required to pay a filing fee of $30.00. Contact the Clerk of Court for the amount, if
any.
After the Original, Completed Forms are Filed
The people who received copies of the completed forms have 14 days to serve and file a
response or objection to your request to appoint a Co-Guardian.
You’ll be notified if a hearing on your request is scheduled, or if the court requires you to do
something before the court will make a decision.
Don’t include these instructions when you serve or file the completed forms.
NDLSHC Page 1 of 2 Form 1:Notice/Aug 2019
STATE OF NORTH DAKOTA IN DISTRICT COURT
COUNTY OF _______________________ _______________________ JUDICIAL DISTRICT
IN THE MATTER OF THE GUARDIANSHIP OF
______________________________________________________________.
Case No. ___________________________
NOTICE OF MOTION FOR APPOINTMENT OF CO-GUARDIAN
1. The following Motion for Appointment of Co-Guardian(s) is brought in accordance with
Rule 3.2, North Dakota Rules of Court. The court will decide whether a Co-Guardian should be
appointed for you based on the documents filed with the court.
2. You may request that a hearing be held to determine whether a Co-Guardian should be
appointed for you. If it is in your best interests, the hearing may be held some place other than
the courthouse.
3. A Motion, Brief in Support of Motion, Affidavit in Support of Motion, and Nominee
Statement are attached that explain why your Guardian is asking to have a Co-Guardian
appointed for you.
4. You have 14 days after service of this Motion upon you within which to serve and file a
written response or objection to the Court. You may request a hearing on the Motion in your
written response or objection. Upon the filing of an answer, or upon expiration of the time for
filing, the Motion is deemed submitted to the Court.
5. If a hearing is held, you MUST attend the hearing unless excused by the court.
6. You may hire an attorney to represent you and present your point of view about whether
a Co-Guardian should be appointed.
NDLSHC Page 2 of 2 Form 1:Notice/Aug 2019
7. Other people who are interested parties have a right to respond or object to the motion
to appoint a Co-Guardian for you. Interested parties may hire an attorney to represent them at
the hearing.
8. You, the Guardian who filed this motion, and others who are permitted to participate in
the hearing have the right to present evidence and to call and ask questions of witnesses.
9. A Judicial Referee may decide whether you are in need of a Co-Guardian. You have the
right to have your case decided by a Judge of the District Court, instead of a Referee. If you want
a Judge of the District Court to decide whether you are in need of a Co-Guardian, you must file a
written request with the Clerk of this Court within 7 days after receiving this Notice of Motion.
10. If the Court finds that you are in need of a Co-Guardian, the Court will consider whether
the person proposed to be your Co-Guardian should be appointed. The Court will also consider
whether some other qualified person should be appointed as your Co-Guardian. The Court will
also determine whether there should be any limits on the powers and duties of the Co-Guardian.
Dated this _____ day of ____________________________, 20______.
__________________________________________
Signature of Guardian/Moving Party
__________________________________________
Printed Name
Address City, State, Zip Code
__________________________________________
Telephone Number
NDLSHC Page 1 of 1 Form 2:Motion/Aug 2019
STATE OF NORTH DAKOTA IN DISTRICT COURT
COUNTY OF ________________________ ____________________ JUDICIAL DISTRICT
IN THE MATTER OF THE GUARDIANSHIP OF
_____________________________________________________.
Case No. ___________________________
MOTION FOR APPOINTMENT OF CO-GUARDIAN
1. (name of Guardian),
the Guardian of the above-named Ward, make this motion for appointment of a Co-Guardian in
accordance with Chapter 30.1-28 of the North Dakota Century Code and Rule 3.2 of the North
Dakota Rules of Court.
2. The Guardian respectfully requests that the Court enter an order appointing
(name of proposed Co-Guardian)
as Co-Guardian of the Ward to serve with the Guardian.
3. This motion is based on the brief, affidavit, and nominee statement in support of this
motion, which are served and filed with the motion.
Dated this _____ day of ___________________________, 20______.
__________________________________________
Signature of Guardian/Movant
__________________________________________
Printed Name
Address City, State, Zip Code
__________________________________________
Telephone Number
NDLSHC Page 1 of 2 Form 3:Brief/Aug 2019
STATE OF NORTH DAKOTA IN DISTRICT COURT
COUNTY OF ________________________ ____________________ JUDICIAL DISTRICT
IN THE MATTER OF THE GUARDIANSHIP OF
_____________________________________________________.
Case No. ___________________________
BRIEF IN SUPPORT OF MOTION FOR APPOINTMENT OF CO-GUARDIAN
1. As required by Rule 3.2 of the North Dakota Rules of Court,
(name of Guardian), the Guardian of the above-named Ward,
submits this Brief in Support of Motion for Appointment of Co-Guardian.
FACTS
2. The facts are stated in the Affidavit in Support of Motion for Appointment of Co-
Guardian and the Nominee Statement, which are filed with the Motion for Appointment of Co-
Guardian and incorporated by reference.
LAW AND ARGUMENT
3. Chapter 30.1-28 of the North Dakota Century Code allows the District Court to appoint a
guardian, or guardians, for an adult when Court finds the adult is incapacitated.
4. The North Dakota County District Court found the
Ward to be incapacitated and appointed
(name of Guardian) on (date).
5. The Guardian is requesting the Court appoint
(name of proposed Co-Guardian) as Co-Guardian of the Ward to serve with the Guardian.
6. Section 30.1-28-11 of the North Dakota Century Code states that “any competent
person or a designated person from a suitable institution, agency, or nonprofit group home
may be appointed guardian of an incapacitated person.”
NDLSHC Page 2 of 2 Form 3:Brief/Aug 2019
7. As stated in the Affidavit in Support of Motion for Appointment of Co-Guardian and the
Nominee Statement, the proposed Co-Guardian meets the requirements of Section 30.1-28-11
and is willing and able to serve as Co-Guardian.
8. The proposed Co-Guardian meets the requirements under Rule 59 of the North Dakota
Supreme Court Administrative Rules and has submitted all required filings to the Court.
9. The Guardian requests the proposed Co-Guardian have the degree of authority
indicated:
Full
None
Place of Residence
Education and/or training
Legal matters
Vocation
Financial matters
Medical treatment
Involuntary treatment with prescribed medications
Access to and control and disposition of safety
deposit box and contents.
10. The Guardian respectfully requests that the Court enter an Order appointing
(name of proposed Co-Guardian) as Co-Guardian
of the Ward to serve with the Guardian.
Dated this _____ day of ___________________________, 20______.
__________________________________________
Signature of Guardian/Movant
__________________________________________
Printed Name
Address City, State, Zip Code
Telephone Number
NDLSHC Page 1 of 2 Form 4:Affidavit/Rev. May 2020
STATE OF NORTH DAKOTA IN DISTRICT COURT
COUNTY OF ________________________ ____________________ JUDICIAL DISTRICT
IN THE MATTER OF THE GUARDIANSHIP OF
_____________________________________________________.
Case No. ___________________________
AFFIDAVIT IN SUPPORT OF MOTION FOR APPOINTMENT OF CO-GUARDIAN
1. My name is .
2. My address is
.
3. On (date), I was appointed the Guardian for
the above-named Ward.
4. The Ward is years old and their current address is
.
5. The approximate value of the real and personal property and income of the Ward is
listed in the most recent annual report I filed with the Court on
(date of most recently filed guardianship annual report).
6. It is my desire to seek appointment of a Co-Guardian for the above-named ward.
7. I hereby nominate (name
of proposed Co-Guardian) to serve as Co-Guardian with me.
8. My relationship with the person nominated is
.
NDLSHC Page 2 of 2 Form 4:Affidavit/Rev. May 2020
9. As stated in the Nominee Statement, the person nominated is competent to serve as
Co-Guardian, and is willing and able to serve as Co-Guardian. The Nominee Statement of the
person nominated to serve as Co-Guardian is filed with this motion.
10. I will continue to serve as Guardian for the above-named Ward. I request that the
proposed Co-Guardian be appointed to serve as Guardian with me for the following reasons:
.
11. I declare, under penalty of perjury under the law of North Dakota, that everything I
stated in this Affidavit is true and correct.
STATE OF )
COUNTY OF _________________________ ) ss.
COUNTRY OF _________________________ )
Signed on this _____ day of ___________________________, 20______.
________________________________________________
Signature
Printed Name
Address
City, State, Zip Code
Telephone Number:
Email Address:
NDLSHC Page 1 of 3 Form 5:Nominee Stmt/Rev. May 2020
STATE OF NORTH DAKOTA IN DISTRICT COURT
COUNTY OF ______________________ ________________________ JUDICIAL DISTRICT
IN THE MATTER OF THE GUARDIANSHIP OF
.
Case No. ___________________________
NOMINEE STATEMENT
1. My name is _____________________________________________________________.
2. My address is ____________________________________________________________
_____________________________________________________________________________.
3. I have been nominated to serve as Co-Guardian for the above-named Ward. I accept the
nomination and I am willing and able to serve as Co-Guardian.
4. I am (choose one):
A person nominated by the Ward before the Court found the Ward to be incapacitated.
The spouse of the Ward.
An adult child of the Ward.
A parent of the Ward.
A relative of the Ward, specifically, the Ward’s .
The Ward has lived with me for more than 6 months before this Motion was filed.
A relative or friend of the Ward, specifically, .
A designated person from ,a volunteer agency.
A non-profit corporation established to provide guardianship services.
A government agency.
Other: .
NDLSHC Page 2 of 3 Form 5:Nominee Stmt/Rev. May 2020
5. My occupation is:
.
6. My qualifications to serve as co- guardian are:
.
7. I would like the Court to consider the following additional information in making a
decision:
.
8. I understand and accept the powers and responsibilities designated in the Order
appointing the original Guardian.
NDLSHC Page 3 of 3 Form 5:Nominee Stmt/Rev. May 2020
9. I have fulfilled the qualification and training requirements for appointment of a guardian
under Rule 59 of the North Dakota Supreme Court Administrative Rules and submitted all
required documents to the Court.
10. I understand that, along with the Guardian, I will be required to provide to the Court an
annual report describing the status and condition of the ward and that a copy of the annual
report must be provided to the Ward and to any interested persons designated in the Order
appointing the original guardian.
11. I declare, under penalty of perjury under the law of North Dakota, that everything I
stated in this Affidavit is true and correct.
STATE OF )
)
COUNTY OF _________________________ ) ss.
)
COUNTRY OF _________________________ )
Signed on this _____ day of ___________________________, 20______.
________________________________________________
Signature
Printed Name
Address
City, State, Zip Code
Telephone Number:
Email Address:
NDLSHC Page 1 of 5 Form 6:Findings Ord/Rev Aug. 2020
STATE OF NORTH DAKOTA IN DISTRICT COURT
COUNTY OF ________________________ ____________________ JUDICIAL DISTRICT
IN THE MATTER OF THE GUARDIANSHIP OF
_____________________________________________________.
Case No. ___________________________
FINDINGS OF FACT AND ORDER APPOINTING CO-GUARDIAN
Name of Ward: Age:
Ward’s Address:
City: State: Zip Code:
1. , the current Guardian of the
above-named Ward, filed a motion requesting appointment of a Co-Guardian. The following
individuals were present at the hearing:
, current Guardian of the above-named Ward
, proposed Co-Guardian of the Ward
, Ward
2. Following the hearing, the Court makes the following findings of fact:
FINDINGS OF FACT
3. Notice has been provided as required by law.
4. The current Guardian, , is
willing and able to continue serving as Guardian of the Ward.
5. The proposed Co-Guardian, , is
willing, able, and qualified to serve as Co-Guardian of the Ward.
NDLSHC Page 2 of 5 Form 6:Findings Ord/Rev Aug. 2020
6. Appointment of a Co-Guardian to serve with the current Guardian is necessary and
desirable as the best means of providing care, supervision, and habilitation of the Ward.
7. The proposed Co-Guardian is the proper and best qualified person to serve as Co-
Guardian of the Ward.
ORDER
IT IS ORDERED, ADJUDGED, AND DECREED that:
8. is hereby appointed as Co-Guardian
for the person and estate of , an
incapacitated person. Letters of Guardianship shall issue to him/her. The Letters are effective
immediately and expire .
9. The appointment of , the current
Guardian, shall continue. Updated Letters of Guardianship shall issue to him/her. The Letters
are effective immediately and expire .
10. The powers and duties to be conferred upon the Co-Guardians appropriate as the least
restrictive form of intervention consistent with the ability of the ward for self care are as
follows:
Full
None
Place of Residence
Education and/or training
Legal matters
Vocation
Financial matters
Medical treatment
Involuntary treatment with prescribed medications
Access to and control and disposition of safety
deposit box and contents.
NDLSHC Page 3 of 5 Form 6:Findings Ord/Rev Aug. 2020
This degree of authority granted and limited above is as follows:
No limitations beyond those listed in Chapter 30.1-28 of the North Dakota Century Code.
Other limitations (if “Limited” is selected above, specify the area and limitations.):
11. The Co-Guardians shall involve the Ward to the fullest degree possible.
12. The Co-Guardians shall not place the ward in a mental health facility or state institution
for more than forty-five days.
13. If the Co-Guardians are granted full authority to consent to involuntary treatment of the
ward with prescribed medications, consent may not be provided without receiving a
recommendation and determination from the ward’s treating physician, physician assistant, or
advanced practice nurse that:
a. The proposed prescribed medication is clinically appropriate and necessary to
effectively treat the ward and that the ward requires treatment;
b. The ward was offered that treatment and refused it or that the ward lacks the
capacity to make or communicate a responsible decision about that treatment;
c. Prescribed medication is the least restrictive form of intervention necessary to meet
the treatment needs of the ward; and
d. The benefits of the treatment outweigh the known risks to the ward.
NDLSHC Page 4 of 5 Form 6:Findings Ord/Rev Aug. 2020
14. The Ward retains the legal right to:
Vote
Seek to change marital status
Obtain or retain a motor vehicle operator’s license
15. The Co-Guardians shall involve the Ward as much as possible, when making decisions
about living arrangements, healthcare, and all other care.
16. The Co-Guardians shall allow the Ward as much freedom as possible using the least
intervention possible and by intervening only when necessary for the safety of the ward or of
other people.
17. The Co-Guardians may not use funds from the Ward's estate for room and board which
the Co-Guardians or the Co-Guardians’ spouses, parents, or children have furnished the Ward
unless a charge for the service is approved by order of the court made upon notice to at least
one of the next of kin of the ward, if notice is possible.
18. The Co-Guardians shall provide an annual report to the Court concerning the status of
the guardianship and the ward. Such reports shall be written and shall contain a summary of
any changes within the past year. A copy of the annual report must be provided to the Ward,
any interested persons designated in the Order appointing the current Guardian, and any other
persons interested in this guardianship. The annual report should commence on
and continue on a yearly basis thereafter.
19. This Order takes effect immediately and expires .
20. This signature of one Co-Guardian is / is not sufficient to authorize any matter.
NDLSHC Page 5 of 5 Form 6:Findings Ord/Rev Aug. 2020
NOTICE TO WARD:
YOU ARE HEREBY GIVEN NOTICE OF YOUR RIGHT TO REVIEW OF A JUDICIAL REFEREE’S
FINDINGS AND ORDER BY A DISTRICT COURT JUDGE. TO REQUEST A REVIEW, YOU MUST FILE
A WRITTEN REQUEST STATING THE REASONS FOR THE REVIEW WITHIN SEVEN (7) DAYS AFTER
SERVICE OF THIS NOTICE.
YOU ARE HEREBY GIVEN NOTICE OF YOUR RIGHT TO APPEAL THIS ORDER APPOINTING
A GUARDIAN OR LIMITED GUARDIAN FOR YOUR PERSON TO THE NORTH DAKOTA SUPREME
COURT, WITHIN 60 DAYS FROM THE DATE OF SERVICE OF THIS ORDER UPON YOU AND YOUR
GUARDIAN AD LITEM AND OF YOUR RIGHT TO SEEK ALTERATION OR TERMINATION OF THIS
GUARDIANSHIP AT ANY TIME.
BY THE COURT:
Judge of the District Court
Judicial Referee of the District Court
NDLSHC Page 1 of 2 Form 7:Letters/Aug 2019
STATE OF NORTH DAKOTA IN DISTRICT COURT
COUNTY OF ________________________ ____________________ JUDICIAL DISTRICT
IN THE MATTER OF THE GUARDIANSHIP OF
_____________________________________________________.
Case No. ___________________________
LETTERS OF GUARDIANSHIP
Name of Ward:
Address:
We accept the duties of Co-Guardians of the ward and will perform these duties
according to law.
Dated this ______ day of , 20____
Co-Guardian Signature
Co-Guardian Signature
Names of Co-Guardians:
Addresses:
Telephone Numbers:
The district court appointed these Co-Guardians to be the Co-Guardians of the indicated
Ward.
The Co-Guardians shall have the degree of authority indicated below to make decisions
for the ward in the following areas:
Full
Limited
None
Place of Residence
Education and/or training
Legal matters
Vocation
Financial matters
Medical treatment
Involuntary treatment with prescribed medications
Access to and control and disposition of safety deposit box and contents
If the Co-Guardians’ authority as specified above is limited, the limitations are as
follows:
The signature of one Co-Guardian is / is not sufficient to authorize any matter.
NDLSHC Page 2 of 2 Form 7:Letters/Aug 2019
These Letters take effect immediately and expire .
BY THE COURT:
__________________________________________
Judge of the District Court
Judicial Referee of the District Court
NDLSHC Page 1 of 2 Form 8:Aff Svc Mail/Rev. May 2020
STATE OF NORTH DAKOTA IN DISTRICT COURT
COUNTY OF ______________________ _________________________ JUDICIAL DISTRICT
IN THE MATTER OF THE GUARDIANSHIP OF
____________________________________________________________.
Case No. ___________________________
AFFIDAVIT OF SERVICE BY MAIL
(May serve multiple persons ONLY IF envelopes are mailed same day from same Post Office.)
The person serving court documents by mail states:
1. My name is: (person who mailed
documents). I am at least 18 years of age.
2. List of Court Documents Served for Motion for Appointment of Co-Guardian:
• Notice of Motion for Appointment of Co-Guardian;
• Motion for Appointment of Co-Guardian;
• Brief in Support of Motion for Appointment of Co-Guardian;
• Affidavit in Support of Motion for Appointment of Co-Guardian;
• Nominee Statement;
• Findings of Fact and Order Appointing Co-Guardian (Proposed); and
• Letters of Guardianship (Proposed).
3. Service by Mail:
I served a true and correct copy of each of the court documents listed in Paragraph 2 by
mailing them, enclosed in an envelope, by First-Class mail, postage prepaid, and by depositing
them in the United States Mail, directed to each person listed in Paragraph 5.
4. Date and Post Office Location of Service by Mail:
Date Court Documents Were Served by Mail:
United States Post Office Location:
(city) (county) (state)
NDLSHC Page 2 of 2 Form 8:Aff Svc Mail/Rev. May 2020
5. Person or Persons Served by Mail:
1. Name of Person Served:
Mailing Address:
City, State, Zip Code:
2. Name of Person Served:
Mailing Address:
City, State, Zip Code:
3. Name of Person Served:
Mailing Address:
City, State, Zip Code:
6. I declare, under penalty of perjury under the law of North Dakota, that everything I
stated in this Affidavit of Service by Mail is true and correct.
STATE OF )
)
COUNTY OF _________________________ ) ss.
)
COUNTRY OF _________________________ )
Signed on this _____ day of ___________________________, 20______.
________________________________________________
Signature
Printed Name
Address
City, State, Zip Code
Telephone Number:
Email Address:
NDLSHC Page 1 of 2 Form 9:Aff Svc PD/Rev. May 2020
STATE OF NORTH DAKOTA IN DISTRICT COURT
COUNTY OF ______________________ _________________________ JUDICIAL DISTRICT
IN THE MATTER OF THE GUARDIANSHIP OF
____________________________________________________________
Case No. ___________________________
AFFIDAVIT OF SERVICE BY HAND DELIVERY
(A separate affidavit is required for each person served.)
The person serving court documents by hand delivery states:
1. My name is: (person who served
documents by hand delivery). I am at least 18 years of age. I am not a party or interested in
the above named matter.
2. Service by Hand Delivery:
I served a true and correct copy of each of the court documents listed in Paragraph 4 to
(name of person served) by (choose one):
Giving the court documents directly to him/her.
Leaving the court documents with:
(name), a person of suitable age and discretion who lives at the same address.
I know the person I served is the person intended to be served because: (explain how you
identified the person)
3. Date, Time, and Address of Service by Hand Delivery:
Date: Time: a.m. (or) p.m.
Address:
(street address) (city) (zip code)
NDLSHC Page 2 of 2 Form 9:Aff Svc PD/Rev. May 2020
4. List of Court Documents Served for Motion for Appointment of Co-Guardian:
• Notice of Motion for Appointment of Co-Guardian;
• Motion for Appointment of Co-Guardian;
• Brief in Support of Motion for Appointment of Co-Guardian;
• Affidavit in Support of Motion for Appointment of Co-Guardian;
• Nominee Statement;
• Findings of Fact and Order Appointing Co-Guardian (Proposed); and
• Letters of Guardianship (Proposed).
5. I declare, under penalty of perjury under the law of North Dakota, that everything I
stated in this Affidavit is true and correct.
STATE OF )
)
COUNTY OF _________________________ ) ss.
)
COUNTRY OF _________________________ )
Signed on this _____ day of ___________________________, 20______.
________________________________________________
Signature
Printed Name
Address
City, State, Zip Code
Telephone Number:
Email Address:
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Instructions for Motion to Add a Co-Guardian (North Dakora Judicial Branch)

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Completed 28 November 2021

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