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

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 another (non-North Dakota) state court. An adult is 18 years old or older.

AND

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

This is a 5 Part Process.  You must complete all 5 parts to transfer jurisdiction of the entire guardianship and/or conservatorship to a North Dakota state district court.

See Section 28-35-16 of the North Dakota Century Code.

Part 1: The Guardian and/or Conservator Works with the Other State Court to Get a Provisional Order Transferring Jurisdiction of the Guardianship and/or Conservatorship to a North Dakota State District Court.

You must work directly with the other state court to fulfill their requirements to ask for and get a provisional order transferring jurisdiction of the entire guardianship/conservatorship case to a 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 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(s) for attorney referral programs that can help you find an attorney to represent you.

Part 2: The Guardian and/or Conservator Petitions the North Dakota State District Court for a Provisional Order to Accept the Transfer of Jurisdiction of the Guardianship and/or Conservatorship from the Other State Court.

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

Part 3: If the North Dakota State District Court Issues a Provisional Order to Accept Transfer of Jurisdiction, the Guardian and/or Conservator Works with the Other State Court to Get a Final Order Transferring Jurisdiction to North Dakota and Terminating the Other State’s Guardianship and/or Conservatorship.

You must work directly with the other state court to fulfill their requirements to obtain a final order transferring jurisdiction of the entire guardianship and/or conservatorship case to a 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 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(s) for attorney referral programs that can help you find an attorney to represent you.

Part 4: After the Other State Issues a Final Order Transferring Jurisdiction to North Dakota, the Guardian and/or Conservator Makes a Motion for a Final Order to Accept Transfer of Jurisdiction of the Guardianship and/or Conservatorship Case to North Dakota. 

• Part 4 Instructions: Read before completing any forms!
• Form 1: Notice of Motion for Final Order to Accept Transfer of Guardianship/Conservatorship from Another State
• Form 2: Motion for Final Order to Accept Transfer of Guardianship/Conservatorship from Another State
• Form 3: Brief in Support of Motion for Final Order to Accept Transfer of Guardianship/Conservatorship from Another State
• Form 4: Affidavit in Support of Motion for Final Order to Accept Transfer of Guardianship/Conservatorship from Another State
• Form 5: Final Order Accepting Transfer of Guardianship/Conservatorship from Another State (Proposed)
• Form 6: Affidavit of Service by Mail

Part 5: If the North Dakota State District Court Issues a Final Order to Accept Transfer of Jurisdiction, Within 90 Days of the Final Order, the Court Must Determine Whether the Guardianship and/or Conservatorship Needs to be Modified to Conform to North Dakota’s Laws.

• Part 5 Instructions: Read before completing any forms!
• Form 1: Information about the Guardianship/Conservatorship Accepted for Transfer from Another State
• Form 2: Affidavit of Service by Mail
• Form 3: Findings of Fact and Order Following Review of Guardianship/Conservatorship Accepted for Transfer from Another State (Proposed)
• Form 4: Letters of Guardianship (Proposed)
• Form 5: Letters of Conservatorship (Proposed)
• Form 6: Letters of Guardianship and Conservatorship (Proposed)
• Form 7: 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)

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