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When a Court Appoints a Guardian

N.D.C.C. § 30.1-28-04 — only on clear and convincing evidence, and no more than the person needs

The court acts only as far as the person's actual limitations require, keeping the most self-reliance possible. Age, eccentricity, poverty or a diagnosis alone does not justify a finding of incapacity.

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  • A guardian is appointed only on clear and convincing evidence that the person is incapacitated and no suitable alternative resource plan exists.
  • The court considers any durable powers of attorney already in place.
  • The person's most recent nomination in a durable power of attorney is followed unless there is good cause otherwise.
  • After that, priority runs to the person's own earlier nominee, the spouse, then an adult child.
Sources for this section (2)
  1. N.D.C.C. § 30.1-28-04 — (5-304) Findings - Order of appointment
  2. N.D.C.C. § 30.1-28-11 — (5-311) Who may be guardian - Priorities

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed North Dakota attorney.

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