Administrative Order 23 - REVIEW OF CONSERVATORSHIPS - PROCESS

Section 1. Purpose.

This order implements N.D.C.C. § 30.1-29-08(3), which requires the supreme court to provide by rule or order for the regular review of conservatorships in existence on August 1, 2017. The review is the antecedent corollary of the prospective regular review of conservatorships established on or after August 1, 2017, for purposes of ensuring that the best interests of the protected person are adequately served by conservatorships established by the courts.

Section 2. Identification of Conservatorship Cases.

The state court administrator, in coordination with the director of the information technology department, will identify active conservatorships in existence on August 1, 2017, in each judicial district. The state court administrator will notify each unit administrator of conservatorships 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 conservatorships in existence on August 1, 2017, in each judicial district. The process must consider judicial workload, availability of judges, hearing schedules, the age of conservatorship cases, and other relevant factors to ensure the orderly review of existing conservatorships. The following elements must be included in the review process:

(a) Reviews of conservatorships in existence on August 1, 2017, must be completed within five years.

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

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

Section 4. Review Result.

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

Section 5. Effective Date.

This order is effective October 1, 2017.