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SB 2291

AN ACT to create and enact two new sections to chapter 30.1-28 and two new sections to chapter 30.1-29 of the North Dakota Century Code, relating to removal, resignation and death of a guardian, notices in a guardianship, notices in a conservatorship, and confidentiality of reports; to amend and reenact subsection 1 of section 23-12-13, subsection 1 of section 25-03.1-18.1, subsection 1 of section 27-20.1-17, sections 30.1-01-06 and 30.1-28-03.1, subsection 3 of section 30.1-28-03.2, section 30.1-28-04, subsection 1 of section 30.1-28-05, section 30.1-28-07, subsection 1 of section 30.1-28-09, sections 30.1-28-10.1, 30.1-28-12, 30.1-28-12.1, 30.1-28-12.2, and 30.1-29-05, subsection 6 of section 30.1-29-07, subsection 2 of section 30.1-29-08, sections 30.1-29-13 and 30.1-29-18, subsection 3 of section 30.1-29-19, subsection 1 of section 30.1-29-20.1, subsection 2 of section 30.1-29-22, and subsection 5 of section 30.1-29-25 of the North Dakota Century Code, relating to incapacitated persons, court-authorized involuntary treatment, guardianship of a child, guardianship of an incapacitated person, and protection of property of persons under disability and minors; and to repeal sections 30.1-26-01, 30.1-28-08, and 30.1-28-15 of the North Dakota Century Code, relating to visitors in a guardianship proceeding and appointment of successor guardians.

69th Legislative Assembly (2025-26) Introduced by Mike Dwyer and 5 co-sponsors

ND SB 2291 overhauls guardianship/conservatorship rules, tightens safeguards for involuntary mental-health treatment, and updates medical-consent hierarchies.

Filed with Secretary Of State 04/30
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Bill Summary · SB 2291

Summary — SB 2291 (North Dakota, 2025)

Status: Filed with Secretary of State 04/30/2025
Introduced: March 11, 2025
Sponsors: Senators Dwyer, Sickler, Larson, Weston; Representatives Hanson, Klemin

Main purpose

SB 2291 revises North Dakota law governing incapacitated persons, guardianships (including guardianship of children), conservatorships, and court‑authorized involuntary mental health treatment. The bill (1) updates definitions and decision‑making hierarchies for health‑care consent, (2) creates new procedures and notice/confidentiality rules for guardianship and conservatorship proceedings (including removal/resignation/death of guardians), (3) clarifies procedures for court‑authorized medication in involuntary treatment, and (4) repeals obsolete provisions relating to visitors at guardianship proceedings and automatic successor guardian appointment.

Key provisions and changes

  • Health‑care consent hierarchy: revises section 23‑12‑13 to list priority for who may consent for a minor or incapacitated patient (durable power holder; appointed guardian/custodian; spouse; adult children (18+); parents (including stepparent); adult siblings; grandparents; grandchildren (18+); close relative or friend 18+ who has maintained significant contacts).
  • Involuntary medication in mental health proceedings (25‑03.1‑18.1): requires a psychiatrist or final‑year psychiatric resident (not involved in current care) to certify that proposed medication is (a) clinically appropriate/necessary, (b) offered and refused or the patient lacks capacity, (c) the least restrictive intervention, and (d) that benefits outweigh risks. The court must inquire whether the patient had sufficient time to prepare and may continue the hearing up to seven days or appoint an independent expert examiner.
  • Guardianship duration and review (27‑20.1‑17): appointment/reappointment orders effective up to one year by default (court may set different timeframe); cannot exceed three years. Court must solicit information at least 60 days before an order’s expiration and hold a hearing on continuation. Court may extend an order up to 90 days for good cause; new letters must reflect the extension.
  • Definitions (30.1‑01‑06): updates and expands definitions used across the title (e.g., “Agent,” “Alternative resource plan,” inclusion of supported decision‑making, representative/protective payees, licensed congregate care).
  • Guardianship/conservatorship procedure and confidentiality: creates two new sections in chapter 30.1‑28 and two in chapter 30.1‑29 addressing removal, resignation, death of a guardian, notice requirements in guardianship and conservatorship cases, and confidentiality of reports. Multiple existing sections in chapters 30.1‑28 and 30.1‑29 are amended to conform to these changes.
  • Repeals: removes sections 30.1‑26‑01, 30.1‑28‑08, and 30.1‑28‑15 (relating to visitors in guardianship proceedings and appointment of successor guardians).

Who is affected

  • Incapacitated persons and minors subject to guardianship or conservatorship
  • Guardians and prospective guardians (including duties, appointment durations, removal/resignation procedures)
  • Family members and other prioritized decision‑makers for medical consent
  • Courts and clerks handling guardianship, conservatorship, and involuntary treatment proceedings
  • Mental health professionals and public treatment facilities involved in involuntary medication requests

Procedural/timeline notes

  • Key timing rules: courts must request input 60 days before guardian order expirations; default guardian order term up to one year (max three years); courts may extend up to 90 days; involuntary medication hearings may be continued for up to seven days at patient request.
  • Legislative actions indicate the bill moved through committee and chamber amendments, conference committee work, was transmitted to the Governor (sent 04/28/2025), signed by the Governor 04/29/2025, and filed with the Secretary of State 04/30/2025.

Practical implications

  • Strengthens procedural safeguards around involuntary medication and renewal/termination of guardianships.
  • Changes who may provide medical consent and clarifies prioritization, which could affect hospital/clinic administrative practice.
  • Adds notice and confidentiality mechanisms intended to protect privacy while ensuring appropriate procedural review when guardianship/conservatorship changes occur.
  • Repeal of successor‑guardian automatic appointment provisions shifts emphasis to explicit court processes for replacement.

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

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