What is a Conservatorship?
A conservatorship is a court process where a North Dakota state district court judge or judicial referee decides whether an individual is unable to manage their property or financial affairs (or both) to the point where a conservator must be appointed to take either limited or full control.
The court process involves presenting evidence to a North Dakota state district court judge or judicial referee to show that the requirements of North Dakota Century Code Chapter 30.1-29 are met and a conservator should be appointed. Other parties in the conservatorship case, including the adult or minor child, may present their own evidence.
ND Legal Self Help Center staff and Court employees can’t help you fill out form(s). If you’d like assistance filling out forms, consult a lawyer licensed to practice in North Dakota.
Requests Related to Attending Conservatorship Hearings
Before a North Dakota state district court can appoint a conservator, at least one court hearing is required. After a conservator is appointed, more court hearings may be necessary, depending on the requirements of each individual conservatorship.
Generally, the conservator, or conservators, and the person subject to the conservatorship are all required to attend conservatorship hearings in person at the courthouse.
However, the conservator, or the person requesting to become the conservator, may use the following form sets to ask to have the hearing held by reliable electronic means instead of in person, to have any of the parties attend the hearing remotely, to hold the in person hearing somewhere other than the courthouse, or to allow the person subject to the conservatorship to not attend the hearing at all.
- Request to Hold the Hearing by Reliable Electronic Means or to Attend the Hearing Remotely
- Request to Hold the Hearing at an Alternate Location (i.e. Nursing Home) or to Allow Non-Attendance at the Hearing
Establish Conservatorship of a Minor Child Because Under 18 Years Old
This form set may be used when a minor child has property or financial affairs (or both) that the child can’t manage on their own only because the child is under 18 years old. Read the instructions before filling out any forms.
- Instructions to Establish Conservatorship of a Minor Child (Under 18 Years Old)
- Petition for Appointment of Conservator(s)
- Confidential Information Form
- Order for Appointment of Guardian ad Litem
- Notice of Hearing
- Findings of Fact & Order Appointing Conservator(s)
- Letters of Conservatorship
- Declaration of Service by Personal Delivery
- Declaration of Service by Mail
- Declaration for Service by Publication
- Filing Fee Waiver Request
- Conservator Beginning Inventory Report and Instructions
- Conservator Annual Report and Instructions
- Conservator Final Report and Accounting and Instructions
- Confidential Information Form and Instructions
Conservatorship 5-year Reviews
- Transfer a North Dakota Guardianship or Conservatorship of an Adult to Another State
- Transfer Another State’s Guardianship or Conservatorship of an Adult to North Dakota
General-Use Checklists and Forms
Forms aren’t available for every legal issue, circumstance, or procedure in conservatorship cases. If you don’t find a form on this webpage, the form isn’t available through the North Dakota Legal Self Help Center.
If a form isn’t available and you need to create your own legal documents, you may find the following general-use checklists and forms useful as a starting point.
Service Instructions and Forms
- Service Instructions and Forms for Establishing Conservatorship
- Service Instructions and Forms for After Conservatorship Established
If you don’t understand any of this information, or if you have trouble filling out any of the forms located here, please see an attorney for help.
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