North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2029

Introduced
1/7/25  
Refer
1/7/25  
Report Pass
2/6/25  
Refer
2/7/25  
Report Pass
2/20/25  
Engrossed
2/24/25  
Refer
2/25/25  
Report Pass
4/3/25  
Refer
4/4/25  

Caption

The task force on guardianship monitoring and transition requirements; to provide a penalty; to provide for a report; to provide an appropriation; to provide a continuing appropriation; to provide for a transfer; and to provide an effective date.

Impact

By creating a dedicated office for guardianships and conservatorships, SB2029 will mandate clear ethical standards and operational protocols, ensuring that both public and private guardians or conservators are closely monitored. Additionally, the bill includes provisions for the recovery of medical assistance costs from the estates of deceased guardianship recipients, which could supplement state funding for such services. These measures reflect a broader intention to protect individuals under guardianship from potential abuse or mismanagement of their affairs.

Summary

Senate Bill 2029 aims to reform the guardianship and conservatorship system within North Dakota by establishing stringent regulations about the appointment, oversight, and evaluation of guardians and conservators. The bill introduces a registry for guardians and conservators, ensuring that those who have been removed for just cause are barred from future appointments. The establishment of this registry is expected to increase accountability and protect vulnerable individuals who require guardianship services, making it a significant change in the way such services are currently administered in the state.

Sentiment

The general sentiment surrounding SB2029 appears to be supportive, particularly among advocates for vulnerable populations and those involved in social services. They view the bill as a positive step towards enhancing the oversight of guardianship practices. However, there may be tensions arising from parties that believe increased supervision could impede the discretion and autonomy of guardians, particularly in more complex cases where flexibility is essential for effective management of individual needs.

Contention

A notable point of contention within the discussions surrounding SB2029 is the balance between oversight and flexibility in guardianship arrangements. While proponents emphasize the necessity of strict regulations to protect individuals, some stakeholders argue that the proposed registries and monitoring requirements could complicate guardianship processes and deter capable individuals from serving in these roles. Addressing these concerns will be crucial in future discussions to optimize both the protective measures and the operational feasibility of guardianship arrangements.

Companion Bills

No companion bills found.

Similar Bills

HI SB788

Relating To Guardianship And Conservatorship Services.

HI HB648

Relating To Guardianship And Conservatorship Services.

CO SB134

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KS HB2359

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VA SB765

Incapacitated persons; finding of lack of capacity to understand act of voting.

VA HB2746

Incapacitated persons; finding of lack of capacity to understand act of voting.

TX HB2998

Relating to adoption of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

MT HB765

Reestablish the working interdisciplinary network of guardianship stakeholders