ORDER 29. EMERGENCY PROCEDURE IN GUARDIANSHIP PROCEEDINGS

Obsolete Date: 7/1/2021

(a) In N.D.Sup.Ct.Admin.O. 25, the Justices of the North Dakota Supreme Court declared a state of emergency statewide for the Judicial Branch due to the COVID-19 pandemic

(b) Additional federal and state government entities have declared public health emergencies due to the COVID-19 pandemic and recommended limiting contact between individuals. This has resulted in the closure of public facilities, including courthouses.

(c) Because public access to court facilities has been limited, it is hereby ORDERED that in guardianship proceedings under N.D.C.C. title 30.1:

(1) Hearings may be conducted using reliable electronic means under N.D.Sup.Ct.Admin.R. 52. A record of all proceedings must be made as required by N.D.Sup.Ct.Admin.R. 39.

(2) Evidence may be submitted by unsworn declaration in substantially the form set out at N.D.C.C. § 31-15-05.

(3) When a guardian is appointed without notice in an emergency proceeding under N.D.C.C. § 30.1-28-10.1:

(A) The hearing required by N.D.C.C. § 30.1-28-10.1(2) may be conducted using reliable electronic means under N.D.Sup.Ct.Admin.R. 52. The following must be provided to the court prior to the hearing:

(i) A statement from the physician, mental health services provider, or other health care provider about the current physical, mental, and emotional limitations of the alleged incapacitated person, and whether the alleged incapacitated person would be able to appear by remote means.

(ii) A declaration verifying the service of the hearing date and providing a method to contact the court by the alleged incapacitated person, spouse, parents, adult children, any other immediate relative, representative payee, or power of attorney holder.

(iii) The initial report of the guardian ad litem.

(B) The 90-day limit on duration of an emergency guardianship under N.D.C.C. § 30.1-28-10.1(1) may be waived and the court permitted to order an additional 90 days of guardianship if the petitioner files a request and a declaration from a physician or mental healthcare provider stating the ward is still in need of the guardianship.

(d) This order is adopted on an emergency basis, effective immediately.

The Supreme Court of the State of North Dakota convened this 25th day of March, 2020, with the Honorable Jon J. Jensen, Chief Justice, and the Honorable Gerald VandeWalle, the Honorable Daniel J. Crothers, the Honorable Lisa Fair McEvers, and the Honorable Jerod E. Tufte, Justices, directing the Clerk of theSupreme Court to enter the above order.

Petra H. Mandigo Hulm
Clerk
North Dakota Supreme Court