Transfer a North Dakota Guardianship or Conservatorship of an Adult to Another State

IMPORTANT: ND Legal Self Help Center staff and court employees aren’t allowed to give legal advice and can’t help you create legal documents or complete any forms. If you’re unsure how to proceed, consult an attorney.

You may use these forms only if:

1. You’re the guardian and/or conservator of an adult who was appointed by a North Dakota state district court. An adult is 18 years old or older.

AND

2. You want to transfer the entire guardianship and/or conservatorship case to the court of another state, so the court of the other state will have all authority over the guardianship and/or conservatorship. This is called transferring jurisdiction.

This is a 3 Part Process.  You must complete all 3 parts to transfer a guardianship and/or conservatorship to another state.

See Section 28-35-15 of the North Dakota Century Code.

Part 1: The Guardian and/or Conservator Petitions the North Dakota State District Court for a Provisional Order Transferring Jurisdiction of the Guardianship and/or Conservatorship to Another State Court.

• Part 1 Instructions: Read before completing any forms!
• Form 1: Rule 3.2 Notice of Petition
• Form 2: Petition to Transfer Guardianship/Conservatorship from North Dakota to Another State
• Form 3: Confidential Information Form
• Form 4: Provisional Order Granting/Denying Petition to Transfer Guardianship/Conservatorship to Another State(Proposed)
• Form 5: Affidavit of Service by Hand Delivery
• Form 6: Affidavit of Service by Mail

Forms to Oppose the Transfer to Another State

• Answer to Petition to Transfer Guardianship/Conservatorship from North Dakota to Another State

Part 2: The Guardian and/or Conservator Works with the Other State Court to Get an Order Accepting the Transfer of Jurisdiction of the Guardianship and/or Conservatorship from North Dakota.

You must work directly with the other state to fulfill the other state court’s requirements for asking for and getting an order accepting transfer of jurisdiction of the entire guardianship/conservatorship case from the North Dakota state district court.

The North Dakota state court system and the North Dakota Legal Self Help Center can’t assist you with this part of the process.

Check to see if the other state court system has a legal self-help program that can provide information about that state court’s processes.  Check for legal service providers in the other state who may have information available.  Check with the other state’s Bar Association for attorney referral programs that can help you find an attorney to hire to represent you.

Part 3: After the Other State Court Issues the Order Accepting the Transfer, The Guardian and/or Conservator Makes a Motion for a Final Order Confirming Transfer of Jurisdiction to the Other State and Terminating the North Dakota Guardianship and/or Conservatorship Case.

• Part 3 Instructions: Read before completing any forms!
• Form 1: Notice of Motion for Final Order Confirming Transfer and Terminating Guardianship/Conservatorship
• Form 2: Motion for Final Order Confirming Transfer and Terminating Guardianship/Conservatorship
• Form 3: Brief for Motion for Final Order Confirming Transfer and Terminating Guardianship/Conservatorship
• Form 4: Affidavit for Motion for Final Order Confirming Transfer and Terminating Guardianship/Conservatorship
• Form 5: Final Report and Accounting
• Form 6: Final Order Confirming Transfer and Terminating North Dakota Guardianship/ Conservatorship(Proposed)
• Form 7: Affidavit of Service by Hand Delivery
• Form 8: Affidavit of Service by Mail

Optional Forms:

• Guardian Ad Litem Request for Appointment(By the Ward or Protected Person)
• Guardian Ad Litem Request for Appointment(By an Interested Person)
• Guardian Ad Litem Order for Appointment(Proposed)
• Notice of Hearing on Petition to Transfer Guardianship/Conservatorship

The information provided on and obtained from this site does not constitute the official record of the Court. This information is provided as a service to the general public. Any user of this information is hereby advised that it is being provided "as is". The information provided may be subject to errors or omissions. Visitors to this site agree that the Court is not liable for errors or omissions of any of the information provided.

If you have a question relating to a case that is already filed please contact the clerk of court for the county.