How to File for Guardianship in North Dakota

Filing the Petition

Adult guardianship petitions in North Dakota go to the district court in the county where the proposed ward lives or is physically present. There's no separate probate court — district courts handle all guardianship matters under NDCC Chapter 30.1-28.

The filing begins with Form 1 (Petition for Appointment of Guardian) and Form 2 (Confidential Information Form). Form 1 is the public document that describes why guardianship is necessary. Form 2, filed under seal, contains Social Security numbers, financial account details, and other sensitive information the court needs but that shouldn't be publicly accessible.

The petition must specify whether you're seeking limited or full guardianship. North Dakota law is explicit: a full guardianship should only be ordered when no limited arrangement can protect the individual. If you're requesting authority over only medical and financial decisions, say that. The more targeted the request, the more favorably the court typically views it.

Costs

Filing fee: $160 (increased from $80 effective July 1, 2025, under Senate Bill 2057).

Fee waiver: Under NDCC § 30.1-28-03, the filing fee is waived entirely when the petition is filed by a member of the individual treatment plan team or a state employee performing official duties. The exception is tied to the petitioner's role, not merely to the young adult's receipt of regional services.

Court-appointed evaluators: This is where the real expense hits. The court must appoint three professionals:

• Guardian Ad Litem (GAL): $1,000–$1,500
• Expert Medical Examiner: $300–$500
• Court Visitor: $200–$300

Total evaluator costs typically range from $1,500 to $2,300, paid either from the proposed ward's estate or by the petitioner depending on the court's order.

Background check: The proposed guardian must submit fingerprints through the Bureau of Criminal Investigation — $40 processing fee, plus any applicable tribal court fees (Spirit Lake $30, Standing Rock $30, Three Affiliated Tribes $10, Turtle Mountain $10, Sisseton-Wahpeton Oyate $20).

Attorney fees (optional): Private attorneys charge $3,500–$6,000 for an uncontested guardianship. Self-representation is permitted — the Legal Self-Help Center's forms are designed for it.

Timeline

For families planning ahead, the ideal filing window is six to eight months before the young adult's 18th birthday. Here's the typical sequence:

Month 1 (Age ~17.4): Assess the young adult's capacity and determine whether less-restrictive alternatives (supported decision-making, durable POA, health care directive) are sufficient.

Month 2 (Age ~17.6): If financial assistance is needed, apply for the Office of Guardianship and Conservatorship's establishment funding before filing the petition. Then file the petition.

At 17 Years, 7 Months: Complete the BCI background check and fingerprinting (SFN 829, SFN 60688, SFN 836).

At 17 Years, 8 Months: Complete the mandatory online North Dakota Guardianship Training Course.

At 17 Years, 9 Months: The GAL, visitor, and expert examiner conduct their evaluations and file reports.

At 17 Years, 10 Months: Attend the evidentiary hearing before the district court judge.

At Age 18: The court issues letters of guardianship. The order takes effect on the 18th birthday, preventing any gap in legal authority.

Starting earlier may give the court more time to complete the petition, evaluations, and hearing. Filing later compresses the timeline and risks a gap where no one has legal authority.

The Hearing

The evidentiary hearing is where the court decides whether guardianship is warranted and, if so, what scope. The proposed ward has the right to attend, be represented by counsel, and object. The GAL presents their recommendation. The visitor and expert reports are entered into evidence.

The petitioner should be prepared to explain:

• Why less-restrictive alternatives are insufficient
• Specific functional limitations in each relevant decision-making area
• The proposed plan for exercising guardianship responsibilities
• How the arrangement will promote the ward's maximum independence

The court evaluates the evidence under a "clear and convincing" standard — meaning the evidence must be substantially more likely true than not. This is a higher bar than the "preponderance" standard used in most civil cases.

What the Order Covers

If granted, the guardianship order specifies the guardian's authority across six defined areas: residential, educational, medical, legal, vocational, and financial. For a limited guardianship, the order names exactly which areas the guardian controls and which the ward retains.

Unless the order specifically strips them, the ward keeps fundamental civil rights — including the right to vote, seek to change marital status, and obtain a driver's license.

The order is effective for a maximum of five years. At least 90 days before expiration, the court must review whether the guardianship should continue, be modified, or terminate. The guardian must also file annual wellbeing reports and financial accountings.

For the complete filing preparation — form-by-form drafting guidance, evaluator preparation, and the step-by-step chronological workflow that coordinates guardianship with SSI, Medicaid waiver enrollment, and transition planning — see our North Dakota Guardianship & Alternatives Guide.

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