Administrative Order 22 - REVIEW OF GUARDIANSHIPS - PROCESS

Section 1. Purpose.

This order implements N.D.C.C. § 30.1-28-04(5), which requires the supreme court to provide by rule or order for the regular review of guardianships in existence on August 1, 2015, The review is the antecedent corollary of the prospective regular review of guardianships established on or after August 1, 2015, for purposes of ensuring that the best interests of the ward are adequately served by guardianships established by the courts.

Section 2. Identification of Guardianship Cases.

The state court administrator, in coordination with the director of the information technology department, will identify active guardianships in existence on August 1, 2015, in each judicial district. The state court administrator will notify each unit administrator of guardianships established in the respective judicial districts.

Section 3. Implementation of Review.

Each unit administrator, in consultation with the presiding judge of each judicial district in the administrative unit, will establish a process of case assignment and review of guardianships in existence on August 1, 2015, in each judicial district. The process must consider judicial workload, availability of judges, hearing schedules, the age of guardianship cases, and other relevant factors to ensure the orderly review of existing guardianships. The following elements must be included in the review process:

(a) Reviews of guardianships in existence on August 1, 2015, must be completed within five years.

(b) At least twenty percent of existing guardianships must be reviewed each year.

(c) Reviews must begin with the earliest established guardianships and proceed to review of later established guardianships.

Section 4. Review Result.

Following review of each guardianship, the court must determine whether the existing guardianship will be continued, a new guardian appointed, or the guardianship terminated.

Section 5. Effective Date.

This order is effective March 1, 2016.