Current through the 2023 Legislative Sessions
Section 30.1-29-04 - (5-404) Original petition for appointment or protective order1. The person to be protected, any person who is interested in the estate, affairs, or welfare of the person to be protected, including the protected person's parent, guardian, or custodian, or any person who would be adversely affected by lack of effective management of property and affairs of the person to be protected may petition for the appointment of a conservator or for other appropriate protective order.2. The petition must state or include, to the extent known:a. The interest of the petitioner;b. The name, age, residence, and address of the person to be protected;c. The name and address of the guardian of the person to be protected, if any;d. The name and address of the nearest relative of the person to be protected known to the petitioner;e. A general statement of property of the person to be protected with an estimate of the value thereof, including any compensation, insurance, pension, or allowance to which the person to be protected is entitled;f. The extent of conservatorship authority sought;g. The name and address of any person designated as an attorney in fact or agent in a power of attorney;h. The name and address of any representative payee for the person to be protected;i. That less intrusive alternatives to conservatorship have been considered;j. If the appointment of a conservator is requested under subdivision a of subsection 2 of section 30.1-29-01, an attached recent statement, if any, from an expert examiner which describes the physical, mental, and emotional limitations of the person to be protected;k. The reason why appointment of a conservator or other protective order is necessary; andl. If the appointment of a conservator is requested, the name and address of the person whose appointment is sought and the basis of the person's priority for appointment.Amended by S.L. 2017, ch. 230 (HB 1095),§ 6, eff. 8/1/2017.