30.1-27-06. (5-206) Court appointment of guardian ad litem - Approval of acceptance
of testamentary appointment.
1. Upon the filing of an acceptance of a testamentary appointment, the court shall
appoint a guardian ad litem promptly. The guardian ad litem fees must be paid from
the estate of the deceased parent, if available.
2. The duties of the guardian ad litem include:
a. Personally interviewing the minor, the testamentary guardian, and other persons
interested in the welfare of the minor;
b. Explaining the guardianship proceeding to the minor in the language, mode of
communication, and terms that the minor is most likely to understand, including
the nature and consequences of the proceeding, the rights to which the minor is
entitled, and the available legal options, including the right to retain an attorney to
represent the minor;
c. Advocating for the best interests of the minor consistent with section 14-09-06.2.
The appointed guardian ad litem may not represent the minor in a legal capacity;
d. Consulting juvenile court and other agency records to determine whether the
testamentary guardian has a criminal history of abuse, neglect, exploitation, and
review of the criminal history records. The guardian ad litem may access
confidential juvenile court records and other confidential agency records in the
exercise of the guardian ad litem's official duties;
e. Submitting a written report to the court within sixty days of the guardian ad litem's
appointment containing the guardian ad litem's findings on whether the
appointment of the testamentary guardian is in the best interests of the child;
f. Notifying the court if the minor objects to the appointment of the testamentary
guardian; and
g. If the guardian ad litem's report states the guardian ad litem believes the
appointment of the testamentary guardian is contrary to the best interests of the
minor, the case must be transferred to juvenile court.
3. The guardian ad litem shall serve a copy of the report on the minor if the minor is
fourteen years of age or older, the testamentary guardian, the person having the
minor's care or the minor's nearest adult relative under section 27-20.3-02, and the
personal representative of the deceased parent's estate.
4. After reviewing the guardian ad litem's report, the court may approve the acceptance
of the testamentary appointment without a hearing if no objection is raised by the
minor, the guardian ad litem, or any other person within fourteen days of the filing of
the report of the guardian ad litem.
5. The appointment of the guardian ad litem terminates immediately after the approval of
the acceptance or upon transfer of the case to juvenile court.
6. Upon the court's approval of the guardian's acceptance of the appointment, the court
shall issue letters of guardianship. The letters of guardianship must include:
a. The name, address, and telephone number of the guardian;
b. The full name of the minor;
c. Any limitations on the guardian's authority to make decisions on behalf of the
minor;
d. The expiration date of the appointment; and
e. The date by which the guardian must file the annual report required under section
27-20.1-15.
7. A written report prepared and submitted under this section is closed to the public and
is not open to inspection except by the court, parties to the proceeding or the parties'
counsel, other persons for those purposes as the court may order for good cause, and
others authorized by court rule.
8. Medical, psychological, or other treatment information protected by federal law or
regulation and any financial account numbers related to a child are confidential and
may not be disclosed except to parties to the proceeding, their counsel, and others
authorized by court rule. The court may permit access by other persons for good
cause.
