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HB 1262

A BILL for an Act to amend and reenact section 30.1-28-04 of the North Dakota Century Code, relating to guardians of incapacitated persons.

69th Legislative Assembly (2025-26) Introduced by Randy Burckhard and 8 co-sponsors

HB 1262 strengthens guardianship safeguards by requiring clear evidence, prioritizing least restrictive options, and ensuring ongoing review to protect ward independence.

Second reading, failed to pass, yeas 4 nays 90
0
WeVote Research Nonpartisan
Bill Summary · HB 1262

Summary — HB 1262 (North Dakota)

A bill to amend and reenact section 30.1‑28‑04 of the North Dakota Century Code (guardians of incapacitated persons)

Purpose

HB 1262 revises statutory standards and procedural requirements for the appointment and scope of guardianship for incapacitated persons in North Dakota. The bill emphasizes protecting the ward’s independence and limiting guardianship to the least restrictive intervention necessary.

Key provisions

  • Purpose and standard

    • Directs the court to exercise guardianship authority consistent with maximizing the incapacitated person’s self‑reliance and independence.
    • Requires appointment of a guardian only when supported by clear and convincing evidence.

  • Hearing and findings required before appointment

    • Court must hear evidence that the proposed ward is incapacitated (age, eccentricity, poverty or a medical diagnosis alone are insufficient).
    • Court must determine whether valid durable powers of attorney exist and consider those agents when assessing alternatives.
    • The court may appoint a guardian only after finding that: (1) the person is incapacitated, (2) no suitable alternative resource plan exists, (3) guardianship is necessary to provide care/supervision/habilitation, and (4) the powers granted are the least restrictive appropriate intervention.

  • Scope and limitation of authority

    • An appointment order must specify, for each decision area (residential, educational, medical, legal, vocational, financial), whether the guardian has no authority, general authority, or limited authority.
    • If authority is limited, the order must explicitly state the limitations or rights retained by the ward.

  • Rights preserved

    • Except on specific court findings, a ward cannot be deprived of the right to vote, to change marital status, or to obtain/retain a motor vehicle operator’s license.
    • The court may specifically identify other retained rights.

  • Inventory, review, and duration

    • Guardian must file a beginning inventory of the ward’s assets within 90 days of appointment and provide copies to the ward and designated interested persons.
    • An appointment (or reappointment) is effective for up to five years. At least 90 days before expiration, the court must solicit information and hold a review hearing to determine whether guardianship should continue, be reappointed (up to five years), or be terminated/changed.

  • Other procedural items

    • Durable powers of attorney for health care (executed under chapter 23‑06.5) take precedence over a guardian’s medical decision authority unless a court determines otherwise.
    • The court may require a guardian to post a bond.
    • The guardian ad litem is discharged of duties after the hearing.

Who is affected

  • Proposed wards (incapacitated persons) and their legal rights.
  • Families, agents under durable powers of attorney, prospective guardians, and interested persons who must be given notice and copies of inventories.
  • District courts and court personnel responsible for hearings, determinations, and periodic reviews.

Procedural/timeline information

  • Introduced in the Sixty‑ninth Legislative Assembly by Representatives Louser, Hoverson, Klemin, VanWinkle, Fisher and supporting Senators. (Bill text labeled HB 1262, Sixty‑ninth Legislative Assembly.)
  • The packet supplied contained multiple unrelated bills numbered HB 1262 from other jurisdictions; this summary covers the North Dakota version amending NDCC §30.1‑28‑04.

Potential impact

  • Strengthens procedural protections and judicial oversight before and during guardianships.
  • Encourages consideration of alternatives (durable powers, resource plans) and limits the breadth and duration of guardianship orders to protect ward autonomy.
  • May increase court workload for required findings, inventories, and periodic reviews.

Compiled from official sources — confirm details with the bill’s official record.

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