Guardianship and conservatorship in North Dakota: who, where, cost

How a court can name a guardian or conservator in North Dakota, what it costs and what to try first.

Checked against official sources: October 31, 2026.

Short answer

Guardian of an incapacitated person (no, general or limited authority in each decision area); emergency guardian; conservator of the estate.

Filing fee
$160.00 filing fee to file a petition to appoint a guardian (ND Legal Self Help Center instructions, rev.
Court
State district court (county of the ward's residence or presence).

What guardianship or conservatorship is

What it is called

Guardian of an incapacitated person (no, general or limited authority in each decision area); emergency guardian; conservator of the estate

When a court may appoint one

An 'incapacitated person' is an adult impaired by mental illness, mental deficiency, physical illness or disability, or chemical dependency to the extent they lack capacity to make or communicate responsible decisions about residence, education, medical treatment, legal affairs, vocation, finance or other matters, or whose incapacity endangers their health or safety. Age, eccentricity, poverty or a diagnosis alone are not enough. The court must find by clear and convincing evidence that the person is incapacitated, that no suitable alternative resource plan exists, that guardianship is necessary, and that the powers given are the least restrictive form of intervention. It must consider existing durable powers of attorney and health care directives.

Law: N.D.C.C. 30.1-01-06; N.D.C.C. 30.1-28-04

Kinds
  • Guardian with general or limited authority in each area (residential, educational, medical, legal, vocational, financial)
  • Emergency guardian (up to 90 days, one extension of up to 90 days)
  • Conservator (property)

Law: N.D.C.C. §§ 30.1-01-06, 30.1-28-03, 30.1-28-04, 30.1-28-10.1, 30.1-28-11, 30.1-29-01

Who can ask, which court and your own choice

Who may ask

Any person interested in the welfare of the allegedly incapacitated person.

Law: N.D.C.C. 30.1-28-03(1)

Court

State district court (county of the ward's residence or presence).

Choosing your own

You can nominate your conservator or guardian of your estate or person in a durable power of attorney; the court must follow your most recent nomination except for good cause or disqualification.

Law: N.D.C.C. 30.1-30-03(2)

Effect on a power of attorney

If a conservator or guardian of the estate is appointed, the attorney in fact is accountable to them and they can revoke or amend the power of attorney as you could. A health care agent's authority takes precedence over a guardian's medical authority unless a court decides otherwise.

Law: N.D.C.C. 30.1-30-03(1); N.D.C.C. 30.1-28-04(6)

Cost, fee waiver and forms

Filing fee

$160.00 filing fee to file a petition to appoint a guardian. No filing fee may be required when the petition is filed by a member of the person's individual treatment plan team or a state employee on official duty.

Law: N.D.C.C. 30.1-28-03(1)

Source: ND Legal Self Help Center instructions, rev. Aug. 2025

Fee waiver

File a request to waive filing fees (ND Legal Self Help Center 'Filing Fee Waiver Request' forms). The state Office of Guardianship and Conservatorship runs a Guardianship Establishment Program that can help pay to establish a guardianship; you must apply before filing the petition.

Forms
Steps

Steps

Other options and where to report abuse

Supported decision-making

Supported Decisionmaking Agreements

Effective Enacted 2019 (House Bill 1378)

A trusted adult agrees to help a person make informed, voluntary decisions in areas such as health care, residence, finances, education, legal affairs and work, instead of guardianship or conservatorship. The person can end it by telling the supporter orally, in writing, with an assistive device or by other clear act; a supporter can resign in writing. It ends as to a supporter convicted of abuse, neglect or exploitation of the person or subject to a restraining order. Third persons who rely on it in good faith are protected.

A written, signed and dated agreement; a notary public or two qualified witnesses must verify the signatures in writing. A witness must be 18 or older, competent, not a party, not an employee or agent of a supporter, and not a creditor of the person.

Source: Official text

Less restrictive options
  • Power of attorney: The court page lists a power of attorney among alternatives to adult guardianship.
  • Health care directive: Names a health care agent and states treatment wishes.
  • Representative payee: A payee manages Social Security benefits.
  • Aging & Disability Resource Link: State resource line for services that may make guardianship unnecessary.
  • Supported decisionmaking agreement: A trusted adult helps the person make their own decisions.
Report abuse or exploitation

North Dakota Health and Human Services - Vulnerable Adult Protective Services · 1-855-462-5465

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Law: N.D.C.C. §§ 30.1-36-01, 30.1-36-05, 30.1-36-07, 30.1-36-08

Free help in North Dakota

Report abuse or exploitation

North Dakota Health and Human Services - Vulnerable Adult Protective Services · 1-855-462-5465

Questions about powers of attorney in North Dakota

How does guardianship or conservatorship work in North Dakota?

An 'incapacitated person' is an adult impaired by mental illness, mental deficiency, physical illness or disability, or chemical dependency to the extent they lack capacity to make or communicate responsible decisions about residence, education, medical treatment, legal affairs, vocation, finance or other matters, or whose incapacity endangers their health or safety.

What does a guardianship or conservatorship cost in North Dakota?

$160.00 filing fee to file a petition to appoint a guardian. No filing fee may be required when the petition is filed by a member of the person's individual treatment plan team or a state employee on official duty.

What are the alternatives to guardianship in North Dakota?

Power of attorney; Health care directive; Representative payee; Aging & Disability Resource Link; Supported decisionmaking agreement.

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