Compassionate Guardianship/Conservatorship Guidance For North Dakota Families
Guardianships and conservatorships touch on a range of sensitive issues. When it comes to these delicate matters, turn to a compassionate legal team for guidance. Our guardianship/conservatorship attorneys at Nyhus Law Firm care deeply about helping North Dakota families protect vulnerable loved ones. Based out of Bismarck and Harvey, our team is here to provide you with advocacy centered on your goals.
How Are Guardianships And Conservatorships Different?
Guardianships and conservatorships are both court-ordered legal arrangements that give a person the authority to make decisions for someone else. However, they are distinct from one another.
- Guardianship: Appointing a guardian to make personal decisions for an individual who can’t care for themselves (called a ward)
- Conservatorship: Giving a conservator the authority to make financial decisions on behalf of an individual who can’t manage their own finances or property
Our lawyers can help you understand whether either of these tools would be a good fit for your family’s situation.
Why Are Guardianships And Conservatorships Important?
These legal tools play a key role in protecting the vulnerable. Child guardianships and conservatorships can ensure minors get the care and support they need. Adult guardianships and conservatorships, meanwhile, can safeguard the personal and financial well-being of elderly adults, individuals with disabilities and incapacitated adults.
How Guardianships/Conservatorships Are Put In Place
In North Dakota, guardianships and conservatorships are typically established by a probate court. In certain circumstances, such courts can establish an emergency temporary guardianship or conservatorship, which can last up to 90 days. A court can also, upon petition, establish a permanent guardianship or conservatorship.
For both emergency and permanent appointments, there are two main types:
- Full: A full guardianship or conservatorship gives the court-appointed guardian or conservator full decision-making authority
- Limited: A limited guardianship or conservatorship limits guardian/conservator decision-making authority to certain areas.
Our guardianship/conservatorship attorneys can help you navigate North Dakota’s legal framework on these issues.
Criteria For Appointing Guardians Or Conservators
The two main things courts consider when it comes to guardian/conservator appointment decisions are:
- Whether a guardianship or conservatorship is necessary
- Who would it be in the protected person’s best interests to appoint
Courts take a range of factors into account when ruling on those two issues.
Understanding The Key Roles In Guardianship/Conservatorship Proceedings
Key participants in such proceedings include:
- The prospective guardian/conservator: Petitions for an appointment and presents evidence for why they think they should be appointed
- The court: Considers evidence and decides whether or not to appoint a guardian/conservator
- The potential protected person: If they are able, they can advocate for their best interests
- Court-appointed advocate: In some cases, such a role may be needed to represent the best interests of the potential protected person
Our guardianship/conservatorship attorneys can answer your questions about these roles.
The Rights Of The Protected Person
Individuals under guardianship or conservatorship have key rights, such as the right to be treated with respect. They also generally have the right to appeal or seek the termination of a guardianship/conservatorship.
How Can We Help?
Our firm offers comprehensive services related to guardianships and conservatorships. We can:
- Guide you on your rights and options under conservatorship/guardianship law
- Provide legal representation in court proceedings
- Assist in completing and filing the necessary paperwork
- Provide ongoing legal support after a guardianship or conservatorship is put in place
Our guardianship/conservatorship attorneys stand ready to meet your unique needs in this complex area of law.
Reach Out To Our Guardianship/Conservatorship Attorneys Today
Turn to us for trusted, compassionate legal support for guardianship or conservatorship issues. Call us at (701) 751-2262 or email us for a confidential consultation.