Maddy summaryHB 1262 amends North Dakota law governing guardianships for incapacitated adults, directly affecting court-appointed guardians and the individuals under their care. The bill requires courts to prioritize the ward’s self-reliance, mandate strict findings of incapacity (rejecting age or medical diagnosis alone), and demand consideration of existing powers of attorney before appointing a guardian. Key provisions include limiting guardians’ authority to only necessary powers, requiring detailed asset inventories within 90 days, and establishing mandatory 5-year reviews to determine if guardianship remains necessary. The law also protects specific rights like voting, changing marital status, and retaining a driver’s license, ensuring guardianship remains the least restrictive option.
Sponsored bills
Relating to Indian child welfare; to amend and reenact section 27‑20.3‑18 of the North Dakota Century Code, relating to reasonable efforts to prevent removal; to repeal section 27‑20.3‑19 of the North Dakota Century Code, relating to Indian child welfare; and to provide for a legislative management study.
Relating to a special penalty for death or injury through distribution of illegal drugs and fentanyl reporting; to provide a statement of legislative intent regarding fentanyl awareness expansion; and to provide a penalty.
Relating to the maximum number of gaming sites allowed and the maximum number of electronic pull tab devices allowed at a site; and to provide for a legislative management study .
Relating to restrictions on adult-oriented performances; to amend and reenact section 12.1‑27.1‑12 of the North Dakota Century Code, relating to state pre‑emption of local laws regulating obscenity; and to provide a penalty.
Relating to speeding violations, use of safety belts, and city fines and penalties; and to provide a penalty.
Relating to temporary alteration of the maximum speed limit; to amend and reenact sections 39‑08‑01.2 and 39‑08‑01.4 of the North Dakota Century Code, section 39‑10‑21.1 of the North Dakota Century Code, as amended by Senate Bill No. 2189, as approved by the sixty-eighth legislative assembly, and section 39‑21‑13 of the North Dakota Century Code, relating to the special punishment for causing injury or death while operating a vehicle while under the influence of alcohol or any other drugs or substances, driving while under the influence of alcohol or any other drugs or substances while being accompanied by a minor, entering a closed road, and a lamp or flag on a projecting load; to provide for a legislative management study; to provide for a legislative management report; and to provide a penalty.
Relating to exceptions to the acquisition of agricultural land by foreign governments.
Relating to a mandated intervention program for domestic violence offenders; and to provide a penalty.