25.0224.06000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Legislative Management
(Government Finance Committee)
A BILL for an Act to create and enact a new subsection to section 30.1-28-07 and chapter 54-68
of the North Dakota Century Code, relating to an office of guardianship and conservatorship and
the removal of a guardian; to amend and reenact section 30.1-29-15 and subsection 1 of
section 50-24.1-07 of the North Dakota Century Code, relating to the removal of a conservator
and the recovery of medical assistance expenses; to repeal chapter 27-27 and section
54-68-02.1 of the North Dakota Century Code, relating to 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.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new subsection to section 30.1-28-07 of the North Dakota Century Code is
created and enacted as follows:
The court may order a guardian to be listed on a registry if the court removed the
guardian for good cause. A guardian listed on the registry is disqualified from acting as
a guardian in any guardianship proceeding. The court shall send a copy of the order to
the state court administrator, who shall maintain and administer the registry. This
subsection does not apply to a licensed guardian. For purposes of this subsection, a
licensed guardian includes a guardian whose license has been suspended but
excludes a guardian whose license is revoked.
SECTION 2. AMENDMENT. Section 30.1-29-15 of the North Dakota Century Code is
amended and reenacted as follows:
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REENGROSSED SENATE BILL NO. 2029
SECOND ENGROSSMENT
with House Amendments
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30.1-29-15. (5-415) Death, resignation, or removal of conservator.
1.The court may remove a conservator for good cause, upon notice and hearing, or
accept the resignation of a conservator. After a conservator's death, resignation, or
removal, the court may appoint another conservator. A conservator so appointed
succeeds to the title and powers of the predecessor.
2.The court may order a conservator to be listed on a registry if the court removed the
conservator for good cause. A conservator listed on the registry is disqualified from
acting as a conservator in any conservatorship proceeding. The court shall send a
copy of the order to the state court administrator, who shall maintain and administer
the registry. This subsection does not apply to a licensed conservator. For purposes of
this subsection, a licensed conservator includes a conservator whose license has
been suspended but excludes a conservator whose license is revoked.
SECTION 3. AMENDMENT. Subsection 1 of section 50-24.1-07 of the North Dakota
Century Code is amended and reenacted as follows:
1.On the death of any recipient of medical assistance who was a resident of a nursing
facility, intermediate care facility for individuals with intellectual disabilities, or other
medical institution and with respect to whom the department determined that resident
reasonably was not expected to be discharged from the medical institution and to
return home, or who was fifty-five years of age or older when the recipient received the
assistance, and on the death of the spouse of the deceased recipient, the total amount
of medical assistance paid on behalf of the recipient following the institutionalization of
the recipient who cannot reasonably be expected to be discharged from the medical
institution, or following the recipient's fifty-fifth birthday, as the case may be, must be
allowed as a preferred claim against the decedent's estate after payment, in the
following order, of:
a.Recipient liability expense applicable to the month of death for nursing home or
basic care services;
b.Funeral expenses not in excess of three thousand five hundred dollars;
c.Expenses of the last illness, other than those incurred by medical assistance;
d.Expenses of administering the estate, including attorney's fees approved by the
court;
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e.Claims made under chapter 50-01;
f.Claims made under chapter 50-24.5;
g.Claims made under chapter 50-06.3 and on behalf of the state hospital; and
h.Claims made under chapter 54 - 68; and
i.Claims made under subsection 4.
SECTION 4. Chapter 54-68 of the North Dakota Century Code is created and enacted as
follows:
54 - 68 - 01. Definitions.
As used in this chapter:
1."Agency permit" means temporary authorization given by the office to an employee of
a professional guardianship or professional conservatorship entity which allows the
permitholder to provide guardianship or conservatorship services as an agent of the
entity.
2."Identifiable information" means an individual's personal details, including the
individual's name, address, telephone number, facsimile number, social security
number, electronic mail address, program identification number, or any other unique
identifying number, characteristic, or code, and any demographic information collected
about the individual.
3."Investigation counsel" means the guardianship and conservatorship counsel.
4."Licensed conservator" means a person licensed by the office to provide
conservatorship services.
5."Licensed guardian" means a person licensed by the office to provide guardianship
services.
6."Office" means the office of guardianship and conservatorship.
7."Public conservator" means a conservator under contract with the office to provide
conservatorship services for an individual eligible for public services.
8."Public guardian" means a guardian under contract with the office to provide
guardianship services for an individual eligible for public services.
9."Public services" means state or federally funded programs administered by the office
available to eligible individuals.
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10."Review board" means the guardianship and conservatorship review board
established under section 54 - 68 - 03.
11."Unlicensed conservator" means a person providing conservatorship services without
a conservator license.
12."Unlicensed guardian" means a person providing guardianship services without a
guardian license.
54 - 68 - 02. Office of guardianship and conservatorship - Purpose - Powers and duties -
Report - Audit.
1.The office, in its capacity of supervising and directing guardianship and
conservatorship, shall operate independently of any state agency that provides
services to individuals under guardianship or conservatorship. The office shall
administer programs assigned by state law. The office may adopt rules to administer
and enforce this chapter.
2.The office shall:
a.Develop policies and procedures, including eligibility criteria, for:
(1)Receiving public services;
(2)A public guardian or a public conservator;
(3)A licensed guardian or a licensed conservator; and
(4)Distribution of funding for direct payments and expense reimbursements for
public services.
b.Develop ethical standards for:
(1)A licensed guardian or a licensed conservator; and
(2)An unlicensed guardian or an unlicensed conservator.
c.Develop policies and procedures for proceedings when a guardian or a
conservator is unable to fulfill the duties of a guardian or a conservator.
d.Keep accurate records of all financial transactions performed under this chapter
in the manner required by the office of management and budget.
e.Provide a report each biennium to the legislative management regarding the
operations of the office, including the cost of public guardians and public
conservators, and any other information requested by the legislative
management.
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3.The office may:
a.Recommend rules applicable to a licensed guardian or a licensed conservator.
b.Grant licenses to a guardian or conservator and agency permits, including
revoking or suspending an agency permit.
c.Require insurance or bond coverage for a licensed guardian or a licensed
conservator as a condition for licensure.
d.Establish mandatory disclosure and reporting requirements for a licensed
guardian or a licensed conservator, including a process to disclose information or
submit reports to the office.
e.Provide training for guardians and conservators.
f.Monitor guardianship and conservatorship services.
g.Provide annual reports to the governor.
h.Distribute funding for direct payments, expense reimbursements, or other public
services, including funding for public administrators.
i.Establish and collect fees to support guardianship and conservatorship services
and the duties of the office, which must be deposited in the guardianship and
conservatorship support fund.
j.Seek and apply for private, federal, or other funds to help support guardians and
conservators and to safeguard the rights of individuals who receive public
services.
k.Accept private funds for deposit in the guardianship and conservatorship support
fund.
4.The office may not authorize payment for services for any public guardian or public
conservator that provides services for more individuals than allowed through statute,
regulation, or administrative rule.
5.The office, its officers, or its employees, may not act as a public guardian or a public
conservator or act in any other representative capacity for any individual. This
subsection does not prohibit an officer or employee from acting as a guardian or
conservator in a personal capacity apart from any duties as an officer or employee.
6.The office is subject to audits by the state auditor under chapter 54 - 10.
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54 - 68 - 02.1. Transition - Requirements.
1.By March 31, 2026, the office shall:
a.Establish the guardianship and conservatorship review board.
b.Appoint an executive director and employ the necessary staff to provide office
services within the limits of legislative appropriations.
c.Develop by rule initial policies, procedures, and eligibility criteria for:
(1)Receiving public services;
(2)A public guardian or a public conservator;
(3)A licensed guardian or a licensed conservator; and
(4)Distribution of funding for direct payments and expense reimbursements for
public services.
d.Develop by rule ethical standards for:
(1)A licensed guardian or a licensed conservator; and
(2)An unlicensed guardian or an unlicensed conservator.
e.Develop by rule policies and procedures for proceedings when a guardian or a
conservator is unable to fulfill the duties of a guardian or a conservator.
f.Set by rule daily rates for fees and a reimbursement mechanism protocol.
g.Establish initial fees to support guardianship and conservatorship services and
the duties of the office.
2.The office may adopt rules necessary to facilitate the creation of the office and
assume the administration of guardianship programs.
54 - 68 - 03. Review board - Director - Administrative authority - Operations committee.
1.The office shall establish a guardianship and conservatorship review board to conduct
disciplinary proceedings for a guardian or conservator. The guardianship and
conservatorship review board shall consist of:
a.Three members representing guardians, appointed by the guardianship
association of North Dakota;
b.One member representing family guardians, appointed by the guardianship
association of North Dakota;
c.One member representing the protection and advocacy project, appointed by the
committee on protection and advocacy;
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d.Two members appointed by the state bar association of North Dakota, consisting
of:
(1)One lawyer licensed to practice law in the state; and
(2)One retired judge, judicial referee, or surrogate judge; and
e.Two members of the public, appointed by the governor.
2.The review board shall appoint an office director, who serves at the will of the review
board. Within the limits of legislative appropriations, the director shall employ the
necessary staff to provide office services in accordance with this chapter. The director,
with the advice and consent of the review board, may adopt rules for administration of
the office.
3.The office may establish a guardianship and conservatorship counsel to investigate
noncompliance under this chapter reported after April 1, 2026. The director of the
office is the hiring authority for the investigation counsel.
4.The office shall create a guardianship and conservatorship operations committee to
supervise the operations of the office and investigation counsel. The guardianship and
conservatorship operations committee shall develop and submit budgets for the office,
review board, and investigation counsel.
a.The guardianship and conservatorship operations committee shall consist of:
(1)Two members of the legislative assembly, one from each chamber,
appointed by the chairman of the legislative management;
(2)Two members appointed by the state bar association of North Dakota,
consisting of:
(a)One lawyer licensed to practice law in the state; and
(b)One retired judge, judicial referee, or surrogate judge; and
(3)Two members appointed by the governor.
b.Initially, members of the guardianship and conservatorship operations committee
shall serve staggered terms as follows:
(1)Two members shall serve a term of one year;
(2)Two members shall serve a term of two years; and
(3)Two members shall serve a term of three years.
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c.After the expiration of initial terms, all appointments must be for a term of three
years. A member may not serve more than two consecutive terms of three years.
d.A member of the guardianship and conservatorship operations committee
concurrently serving as a member of the legislative assembly shall receive
per diem compensation in accordance with section 54 - 35 - 10.
54 - 68 - 04. Guardianship and conservatorship support fund - Continuing
appropriation.
There is created in the state treasury the guardianship and conservatorship support fund.
The fund consists of all moneys transferred to the fund by the legislative assembly, interest
upon moneys in the fund, fee collections, donations, grants, and other contributions received for
deposit in the fund. All moneys in the fund are appropriated on a continuing basis to the office to
defray the expenses of supporting guardianship and conservatorship services, including
guardianship and conservatorship training and monitoring.
54 - 68 - 05. Records - Confidentiality - Disclosure - Penalty.
1.Identifiable information concerning an individual who is applying for or receiving public
services under this chapter is confidential and may be disclosed only:
a.In the administration of any program under the supervision or administration of
the office.
b.When authorized by a policy of the office.
c.When allowed or required by rule or law.
2.A report concerning an applicant, provider, or recipient of public services is confidential
if the report is made in good faith and may be disclosed only to:
a.Authorized staff and agents of the office, who may further disclose the
information to a person that has a definite interest in the well-being of the
individual concerned, is in a position to serve the individual's interests, and that
needs to know the contents of the records to assure the well-being and interests
of the individual concerned.
b.An individual who is the subject of the report, if the identity of the person
reporting or supplying information under this chapter is protected until the
information is needed for use in an administrative, legal, or disciplinary
proceeding arising out of the report.
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c.A public official and the public official's authorized agent who requires the
information in connection with the discharge of official duties.
d.A court when the court determines the information is necessary for the
determination of an issue before the court.
e.The investigation counsel.
3.The investigation counsel may disclose information uncovered during a disciplinary
investigation to the attorney general or bureau of criminal investigation related to a
criminal investigation when the investigation counsel suspects the subject of the
investigation has committed a crime.
4.A person that discloses, authorizes, or knowingly allows, participates in, or acquiesces
in the disclosure of confidential information in violation of this section is guilty of a
class C felony.
54 - 68 - 06. Guardianship and conservatorship limitations - Representation to the
public - Exemption.
1.A person may not serve as a guardian or a conservator for three or more adult
individuals at the same time unless that person is a licensed guardian or a licensed
conservator or has an agency permit. This subsection does not apply to an individual
appointed as a guardian or conservator for a family member.
2.A public guardian or a public conservator may not provide services to a minor unless
authorized by a proceeding under section 30.1 - 28 - 03.3.
3.A person must be a licensed guardian or a licensed conservator to offer guardianship
or conservatorship services to the public.
4.This section does not apply to:
a.A federal or state agency.
b.A financial institution under section 6 - 08.1 - 01 when appointed as a conservator.
c.Human service zones, including human service zone directors or human service
zone team members, as defined in section 50 - 01.1 - 01.
5.A person who violates this section after August 1, 2026, is guilty of a class B
misdemeanor.
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54 - 68 - 07. Immunity.
1.A person who in good faith provides information or testimony regarding a guardian's or
conservator's misconduct or lack of professionalism is not subject to civil liability.
2.An employee of the office, a member of the review board, or an agent of the review
board acting in good faith is not subject to civil liability.
54 - 68 - 08. Authority - Applicability.
1.The office may revoke or suspend a guardian or a conservator license.
2.The office shall establish by rule a process to appeal license denials and review board
orders.
3.Upon receipt of any report or complaint, the office shall assess the need for an
investigation of the report or complaint. For the purpose of investigating a report or
complaint:
a.The office or review board shall:
(1)Establish confidentiality and disclosure standards for investigating a report
or complaint and subsequent disciplinary proceedings.
(2)Adopt rules to effectuate the powers and duties under this chapter.
b.The office or review board may:
(1)Interview an alleged victim, witness, or any other individual with knowledge
of the situation.
(2)Access any record or information on an applicant, provider, or recipient of
public services.
(3)Issue subpoenas for the attendance of witnesses and the production of
designated documents, electronically stored information, or tangible things
in accordance with the North Dakota Rules of Civil Procedure.
(4)Order the deposition of a person residing within or outside the state to be
taken in accordance with the North Dakota Rules of Civil Procedure.
(5)Coordinate with other agencies and departments, including the attorney
general and bureau of criminal investigation.
3.A guardian or conservator subject to the jurisdiction of a court of this state shall follow
the applicable policies, procedures, and standards of the office, or other approval
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authority authorized by rule if the guardian or the conservator serves an adult ward,
adult protected person, or incapacitated person, as defined in title 30.1.
54 - 68 - 09. Attorney general - Counsel - Bureau of criminal investigation - Primary
authority for investigations.
1.The attorney general shall act as legal counsel in any particular investigation or
proceeding under section 54 - 12 - 02. The attorney general shall appear and defend any
officer or employee of the office and any member of the review board in any action
founded on an act or omission arising out of performance of an official duty.
2.In accordance with chapter 54 - 12, the attorney general and bureau of criminal
investigation have primary authority to investigate criminal cases related to a
guardianship or conservatorship.
54 - 68 - 10. Duty to disclose and cooperate.
1.A state and local governmental entity and its officers and employees, and the officials,
officers, and employees of the courts of this state shall disclose records and
information requested by the review board or investigation counsel or any authorized
representative of the review board or investigation counsel and shall cooperate with
and give reasonable assistance to the review board or investigation counsel and any
authorized representative of the review board or counsel unless prohibited by federal
regulation or law.
2.A sheriff or police officer shall serve process and execute all lawful orders upon
request of the office, its authorized representative, the review board, or the
investigation counsel. The service of process extends to all parts of the state in any
investigation or disciplinary proceeding under this chapter.
54 - 68 - 11. Duties of witnesses - Penalty.
1.An individual is obliged to attend as a witness in any investigation or disciplinary
proceeding commenced under this chapter.
2.If an individual refuses to attend, testify, or produce any writings or things required by
subpoena, the office, review board, or investigation counsel that issued the subpoena
may petition the district court of the district in which the attendance or production is
required for an order compelling the individual to attend and testify or produce the
writings or things required by the subpoena. The court shall order the individual to
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appear before the court at a specified time and place to show cause why the individual
has not attended, testified, or produced the writings or things as required. A copy of
the order must be served on the individual. If the court determines the subpoena was
regularly issued, the court shall order the individual to appear at the time and place
fixed in the order and testify or produce the required writings or things.
3.An individual who fails to obey an order under this section is guilty of a class A
misdemeanor.
54 - 68 - 12. Preferred claim.
1.The office has a preferred claim against the estate of an individual or an individual's
spouse for recovery of funds expended under this chapter for the care of that
individual or the individual's spouse. All funds recovered under this chapter must be
deposited in the general fund.
2.A claim may not be required to be paid and interest may not begin to accrue during the
lifetime of the decedent's surviving spouse, if any.
3.A statute of limitation or similar statute or the doctrine of laches may not bar a claim
under this chapter.
SECTION 5. REPEAL. Chapter 27-27 of the North Dakota Century Code is repealed.
SECTION 6. REPEAL. Section 54-68-02.1 of the North Dakota Century Code, as created in
Section 4 of this Act, is repealed.
SECTION 7. APPROPRIATION - OFFICE OF GUARDIANSHIP AND
CONSERVATORSHIP - FULL-TIME EQUIVALENT POSITION AUTHORIZATION. The funds
provided in this section, or so much of the funds as may be necessary, are appropriated out of
any moneys in the general fund in the state treasury, not otherwise appropriated, to the office of
guardianship and conservatorship for the purpose of defraying the expenses of the office of
guardianship and conservatorship, for the biennium beginning July 1, 2025, and ending
June 30, 2027, as follows:
Office of guardianship and conservatorship $1,200,000
Total general fund $1,200,000
Full-time equivalent positions 4.00
SECTION 8. TRANSFER. The office of management and budget shall transfer any unspent
appropriation authority and full-time equivalent positions authorized for the office of
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guardianship and conservatorship line item in Senate Bill No. 2002 to the office of guardianship
and conservatorship, for the biennium beginning July 1, 2025, and ending June 30, 2027.
SECTION 9. TRANSFER. The office of management and budget shall transfer any unspent
appropriation authority for guardianship related services and grants from the department of
health and human services in House Bill No. 1012 to the office of guardianship and
conservatorship, for the biennium beginning July 1, 2025, and ending June 30, 2027.
SECTION 10. TRANSFER. The office of management and budget shall transfer any
unspent appropriation authority from the guardianship grants line item in Section 1 of House Bill
No. 1015 to the office of guardianship and conservatorship, for the biennium beginning July 1,
2025, and ending June 30, 2027.
SECTION 11. EFFECTIVE DATE.
1.Sections 54-68-06, 54-68-08, and 54-68-09, as created in Section 4 of this Act,
become effective on April 1, 2026.
2.Sections 6, 8, 9, and 10 of this Act become effective on April 1, 2026.
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