CHAPTER 30.1-27GUARDIANS OF MINORS30.1-27-01.(5-201) Status of guardian of minor - General. A person becomes aguardian of a minor by acceptance of a testamentary appointment or upon appointment by the<br>court. The guardianship status continues until terminated, without regard to the location from<br>time to time of the guardian and minor ward.30.1-27-02. (5-202) Testamentary appointment of guardian of minor. The parent of aminor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor<br>under section 30.1-27-03, a testamentary appointment becomes effective upon filing the<br>guardian's acceptance in the court in which the will is probated and upon approval by the court<br>either after or without a hearing, if, before acceptance, both parents are dead or the surviving<br>parent is adjudged incapacitated. If both parents are dead, an effective appointment by the<br>parent who died later has priority. This state recognizes a testamentary appointment effected by<br>filing the guardian's acceptance under a will probated in another state which is the testator's<br>domicile and upon approval by the court either after or without a hearing. Upon acceptance of<br>appointment, written notice of acceptance must be given by the guardian to the minor and to the<br>person having the minor's care or to the minor's nearest adult relation.30.1-27-03.(5-203) Objection by minor of fourteen or older to testamentaryappointment. A minor of fourteen or more years may prevent an appointment of the minor's<br>testamentary guardian from becoming effective, or may cause a previously accepted<br>appointment to terminate, by filing with the court in which the will is probated a written objection<br>to the appointment before it is accepted or within thirty days after notice of its acceptance. An<br>objection may be withdrawn. An objection does not preclude appointment by the court in a<br>proper proceeding of the testamentary nominee or any other suitable person.30.1-27-04.(5-204) Court appointment of guardian of minor - Conditions forappointment. The court may appoint a guardian for an unmarried minor if all parental rights of<br>custody have been terminated or suspended by circumstances or prior court order. A guardian<br>appointed by will as provided in section 30.1-27-02 whose appointment has not been prevented<br>or nullified under section 30.1-27-03 has priority over any guardian who may be appointed by the<br>court, but the court may proceed with an appointment upon a finding that the testamentary<br>guardian has failed to accept the testamentary appointment within thirty days after notice of the<br>guardianship proceeding.30.1-27-05. (5-205) Court appointment of guardian of minor - Venue. The venue forguardianship proceedings for a minor is in the place where the minor resides or is present.30.1-27-06.(5-206) Court appointment of guardian of minor - Qualifications -Priority of minor's nominee.The court may appoint as guardian any person whoseappointment would be in the best interests of the minor.The court shall appoint a personnominated by the minor, if the minor is fourteen years of age or older, unless the court finds the<br>appointment contrary to the best interests of the minor.30.1-27-07. (5-207) Court appointment of guardian of minor - Procedure.1.Notice of the time and place of hearing of a petition for the appointment of a<br>guardian of a minor is to be given by the petitioner in the manner prescribed by<br>section 30.1-03-01 to:a.The minor, if the minor is fourteen or more years of age.b.The person who has had the principal care and custody of the minor during the<br>sixty days preceding the date of the petition.c.Any living parent of the minor.Page No. 12.Upon hearing, if the court finds that a qualified person seeks appointment, venue is<br>proper, the required notices have been given, the requirements of section<br>30.1-27-04 have been met, and the welfare and best interests of the minor will be<br>served by the requested appointment, it shall make the appointment.In othercases, the court may dismiss the proceedings or make any other disposition of the<br>matter that will best serve the interest of the minor.3.If necessary, the court may appoint a temporary guardian, with the status of an<br>ordinary guardian of a minor, but the authority of a temporary guardian shall not last<br>longer than six months.4.If, at any time in the proceeding, the court determines that the interests of the minor<br>are or may be inadequately represented, it may appoint an attorney to represent the<br>minor, giving consideration to the preference of the minor if the minor is fourteen<br>years of age or older.30.1-27-08. (5-208) Consent to service by acceptance of appointment - Notice. Byaccepting a testamentary or court appointment as guardian, a guardian submits personally to the<br>jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by<br>any interested person. Notice of any proceeding shall be delivered to the guardian or mailed to<br>the guardian by ordinary mail at the guardian's address as listed in the court records and to the<br>guardian's address as then known to the petitioner.Letters of guardianship must indicatewhether the guardian was appointed by will or by court order.30.1-27-09. (5-209) Powers and duties of guardian of minor. A guardian of a minorhas the powers and responsibilities of a parent who has not been deprived of custody of the<br>parent's minor and unemancipated child, except that a guardian is not legally obligated to provide<br>from the guardian's own funds for the ward and is not liable to third persons by reason of the<br>parental relationship for acts of the ward. In particular, and without qualifying the foregoing, a<br>guardian has the following powers and duties:1.The guardian must take reasonable care of the ward's personal effects and<br>commence protective proceedings if necessary to protect other property of the ward.2.The guardian may receive money payable for the support of the ward to the ward's<br>parent, guardian, or custodian under the terms of any statutory benefit or insurance<br>system or any private contract, devise, trust, conservatorship, or custodianship. The<br>guardian also may receive money or property of the ward paid or delivered by virtue<br>of section 30.1-26-03. Any sums so received shall be applied to the ward's current<br>needs for support, care, and education. The guardian must exercise due care to<br>conserve any excess for the ward's future needs unless a conservator has been<br>appointed for the estate of the ward, in which case excess shall be paid over at least<br>annually to the conservator. Sums so received by the guardian are not to be used<br>for compensation for the guardian's services except as approved by order of court or<br>as determined by a duly appointed conservator other than the guardian. A guardian<br>may institute proceedings to compel the performance by any person of a duty to<br>support the ward or to pay sums for the welfare of the ward.3.The guardian is empowered to facilitate the ward's education, social, or other<br>activities and to authorize medical or other professional care, treatment, or advice.<br>A guardian is not liable by reason of this consent for injury to the ward resulting from<br>the negligence or acts of third persons unless it would have been illegal for a parent<br>to have consented. A guardian may consent to the marriage or adoption of the<br>ward.4.A guardian shall file an annual report with the court informing the court of the status<br>or condition of the ward and provide a copy of the report to the ward. The report<br>must include changes that have occurred since the previous reporting period and an<br>accounting of the ward's estate. The guardian shall report whether the ward hasPage No. 2resided in an institution, whether the ward continues to require guardianship, and<br>whether any powers of the guardian should be increased or limited. The filing of a<br>report and its acceptance by the court or clerk of district court does not constitute an<br>adjudication or a determination of the merits of the report nor does the filing of the<br>report constitute the court's approval of the report. The court may approve a report<br>and allow and settle an accounting only upon notice to the ward's guardian ad litem<br>and other interested persons who have made an appearance or requested notice of<br>proceedings. The office of state court administrator shall provide printed forms that<br>may be used to fulfill reporting requirements.Any report must be similar insubstance to the state court administrator's form. The forms must be available in<br>the office of clerk of district court or obtainable through the supreme court's internet<br>website.30.1-27-10. (5-210) Termination of appointment of guardian - General. A guardian'sauthority and responsibility terminates upon the death, resignation, or removal of the guardian, or<br>upon the minor's death, adoption, marriage, or attainment of majority, but termination does not<br>affect the guardian's liability for prior acts, nor the guardian's obligation to account for funds and<br>assets of the ward. Resignation of a guardian does not terminate the guardianship until it has<br>been approved by the court.A testamentary appointment under an informally probated willterminates if the will is later denied probate in a formal proceeding.30.1-27-11. (5-211) Proceedings subsequent to appointment - Venue.1.The court where the ward resides has concurrent jurisdiction with the court which<br>appointed the guardian, or in which acceptance of a testamentary appointment was<br>filed, over resignation, removal, accounting, and other proceedings relating to the<br>guardianship.2.If the court located where the ward resides is not the court in which acceptance of<br>appointment is filed, the court in which proceedings subsequent to appointment are<br>commenced shall in all appropriate cases notify the other court, in this or another<br>state, and after consultation with that court determine whether to retain jurisdiction or<br>transfer the proceedings to the other court, whichever is in the best interest of the<br>ward. A copy of any order accepting a resignation or removing a guardian shall be<br>sent to the court in which acceptance of appointment is filed.30.1-27-12. (5-212) Resignation or removal proceedings.1.Any person interested in the welfare of a ward, or the ward, if fourteen or more years<br>of age, may petition for removal of a guardian on the ground that removal would be<br>in the best interests of the ward. A guardian may petition for permission to resign. A<br>petition for removal or for permission to resign may, but need not, include a request<br>for appointment of a successor guardian.2.After notice and hearing on a petition for removal or for permission to resign, the<br>court may terminate the guardianship and make any further order that may be<br>appropriate.3.If, at any time in the proceeding, the court determines that the interests of the ward<br>are, or may be, inadequately represented, it may appoint an attorney to represent<br>the minor, giving consideration to the preference of the minor if the minor is fourteen<br>or more years of age.Page No. 3Document Outlinechapter 30.1-27 guardians of minors
CHAPTER 30.1-27GUARDIANS OF MINORS30.1-27-01.(5-201) Status of guardian of minor - General. A person becomes aguardian of a minor by acceptance of a testamentary appointment or upon appointment by the<br>court. The guardianship status continues until terminated, without regard to the location from<br>time to time of the guardian and minor ward.30.1-27-02. (5-202) Testamentary appointment of guardian of minor. The parent of aminor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor<br>under section 30.1-27-03, a testamentary appointment becomes effective upon filing the<br>guardian's acceptance in the court in which the will is probated and upon approval by the court<br>either after or without a hearing, if, before acceptance, both parents are dead or the surviving<br>parent is adjudged incapacitated. If both parents are dead, an effective appointment by the<br>parent who died later has priority. This state recognizes a testamentary appointment effected by<br>filing the guardian's acceptance under a will probated in another state which is the testator's<br>domicile and upon approval by the court either after or without a hearing. Upon acceptance of<br>appointment, written notice of acceptance must be given by the guardian to the minor and to the<br>person having the minor's care or to the minor's nearest adult relation.30.1-27-03.(5-203) Objection by minor of fourteen or older to testamentaryappointment. A minor of fourteen or more years may prevent an appointment of the minor's<br>testamentary guardian from becoming effective, or may cause a previously accepted<br>appointment to terminate, by filing with the court in which the will is probated a written objection<br>to the appointment before it is accepted or within thirty days after notice of its acceptance. An<br>objection may be withdrawn. An objection does not preclude appointment by the court in a<br>proper proceeding of the testamentary nominee or any other suitable person.30.1-27-04.(5-204) Court appointment of guardian of minor - Conditions forappointment. The court may appoint a guardian for an unmarried minor if all parental rights of<br>custody have been terminated or suspended by circumstances or prior court order. A guardian<br>appointed by will as provided in section 30.1-27-02 whose appointment has not been prevented<br>or nullified under section 30.1-27-03 has priority over any guardian who may be appointed by the<br>court, but the court may proceed with an appointment upon a finding that the testamentary<br>guardian has failed to accept the testamentary appointment within thirty days after notice of the<br>guardianship proceeding.30.1-27-05. (5-205) Court appointment of guardian of minor - Venue. The venue forguardianship proceedings for a minor is in the place where the minor resides or is present.30.1-27-06.(5-206) Court appointment of guardian of minor - Qualifications -Priority of minor's nominee.The court may appoint as guardian any person whoseappointment would be in the best interests of the minor.The court shall appoint a personnominated by the minor, if the minor is fourteen years of age or older, unless the court finds the<br>appointment contrary to the best interests of the minor.30.1-27-07. (5-207) Court appointment of guardian of minor - Procedure.1.Notice of the time and place of hearing of a petition for the appointment of a<br>guardian of a minor is to be given by the petitioner in the manner prescribed by<br>section 30.1-03-01 to:a.The minor, if the minor is fourteen or more years of age.b.The person who has had the principal care and custody of the minor during the<br>sixty days preceding the date of the petition.c.Any living parent of the minor.Page No. 12.Upon hearing, if the court finds that a qualified person seeks appointment, venue is<br>proper, the required notices have been given, the requirements of section<br>30.1-27-04 have been met, and the welfare and best interests of the minor will be<br>served by the requested appointment, it shall make the appointment.In othercases, the court may dismiss the proceedings or make any other disposition of the<br>matter that will best serve the interest of the minor.3.If necessary, the court may appoint a temporary guardian, with the status of an<br>ordinary guardian of a minor, but the authority of a temporary guardian shall not last<br>longer than six months.4.If, at any time in the proceeding, the court determines that the interests of the minor<br>are or may be inadequately represented, it may appoint an attorney to represent the<br>minor, giving consideration to the preference of the minor if the minor is fourteen<br>years of age or older.30.1-27-08. (5-208) Consent to service by acceptance of appointment - Notice. Byaccepting a testamentary or court appointment as guardian, a guardian submits personally to the<br>jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by<br>any interested person. Notice of any proceeding shall be delivered to the guardian or mailed to<br>the guardian by ordinary mail at the guardian's address as listed in the court records and to the<br>guardian's address as then known to the petitioner.Letters of guardianship must indicatewhether the guardian was appointed by will or by court order.30.1-27-09. (5-209) Powers and duties of guardian of minor. A guardian of a minorhas the powers and responsibilities of a parent who has not been deprived of custody of the<br>parent's minor and unemancipated child, except that a guardian is not legally obligated to provide<br>from the guardian's own funds for the ward and is not liable to third persons by reason of the<br>parental relationship for acts of the ward. In particular, and without qualifying the foregoing, a<br>guardian has the following powers and duties:1.The guardian must take reasonable care of the ward's personal effects and<br>commence protective proceedings if necessary to protect other property of the ward.2.The guardian may receive money payable for the support of the ward to the ward's<br>parent, guardian, or custodian under the terms of any statutory benefit or insurance<br>system or any private contract, devise, trust, conservatorship, or custodianship. The<br>guardian also may receive money or property of the ward paid or delivered by virtue<br>of section 30.1-26-03. Any sums so received shall be applied to the ward's current<br>needs for support, care, and education. The guardian must exercise due care to<br>conserve any excess for the ward's future needs unless a conservator has been<br>appointed for the estate of the ward, in which case excess shall be paid over at least<br>annually to the conservator. Sums so received by the guardian are not to be used<br>for compensation for the guardian's services except as approved by order of court or<br>as determined by a duly appointed conservator other than the guardian. A guardian<br>may institute proceedings to compel the performance by any person of a duty to<br>support the ward or to pay sums for the welfare of the ward.3.The guardian is empowered to facilitate the ward's education, social, or other<br>activities and to authorize medical or other professional care, treatment, or advice.<br>A guardian is not liable by reason of this consent for injury to the ward resulting from<br>the negligence or acts of third persons unless it would have been illegal for a parent<br>to have consented. A guardian may consent to the marriage or adoption of the<br>ward.4.A guardian shall file an annual report with the court informing the court of the status<br>or condition of the ward and provide a copy of the report to the ward. The report<br>must include changes that have occurred since the previous reporting period and an<br>accounting of the ward's estate. The guardian shall report whether the ward hasPage No. 2resided in an institution, whether the ward continues to require guardianship, and<br>whether any powers of the guardian should be increased or limited. The filing of a<br>report and its acceptance by the court or clerk of district court does not constitute an<br>adjudication or a determination of the merits of the report nor does the filing of the<br>report constitute the court's approval of the report. The court may approve a report<br>and allow and settle an accounting only upon notice to the ward's guardian ad litem<br>and other interested persons who have made an appearance or requested notice of<br>proceedings. The office of state court administrator shall provide printed forms that<br>may be used to fulfill reporting requirements.Any report must be similar insubstance to the state court administrator's form. The forms must be available in<br>the office of clerk of district court or obtainable through the supreme court's internet<br>website.30.1-27-10. (5-210) Termination of appointment of guardian - General. A guardian'sauthority and responsibility terminates upon the death, resignation, or removal of the guardian, or<br>upon the minor's death, adoption, marriage, or attainment of majority, but termination does not<br>affect the guardian's liability for prior acts, nor the guardian's obligation to account for funds and<br>assets of the ward. Resignation of a guardian does not terminate the guardianship until it has<br>been approved by the court.A testamentary appointment under an informally probated willterminates if the will is later denied probate in a formal proceeding.30.1-27-11. (5-211) Proceedings subsequent to appointment - Venue.1.The court where the ward resides has concurrent jurisdiction with the court which<br>appointed the guardian, or in which acceptance of a testamentary appointment was<br>filed, over resignation, removal, accounting, and other proceedings relating to the<br>guardianship.2.If the court located where the ward resides is not the court in which acceptance of<br>appointment is filed, the court in which proceedings subsequent to appointment are<br>commenced shall in all appropriate cases notify the other court, in this or another<br>state, and after consultation with that court determine whether to retain jurisdiction or<br>transfer the proceedings to the other court, whichever is in the best interest of the<br>ward. A copy of any order accepting a resignation or removing a guardian shall be<br>sent to the court in which acceptance of appointment is filed.30.1-27-12. (5-212) Resignation or removal proceedings.1.Any person interested in the welfare of a ward, or the ward, if fourteen or more years<br>of age, may petition for removal of a guardian on the ground that removal would be<br>in the best interests of the ward. A guardian may petition for permission to resign. A<br>petition for removal or for permission to resign may, but need not, include a request<br>for appointment of a successor guardian.2.After notice and hearing on a petition for removal or for permission to resign, the<br>court may terminate the guardianship and make any further order that may be<br>appropriate.3.If, at any time in the proceeding, the court determines that the interests of the ward<br>are, or may be, inadequately represented, it may appoint an attorney to represent<br>the minor, giving consideration to the preference of the minor if the minor is fourteen<br>or more years of age.Page No. 3Document Outlinechapter 30.1-27 guardians of minors
CHAPTER 30.1-27GUARDIANS OF MINORS30.1-27-01.(5-201) Status of guardian of minor - General. A person becomes aguardian of a minor by acceptance of a testamentary appointment or upon appointment by the<br>court. The guardianship status continues until terminated, without regard to the location from<br>time to time of the guardian and minor ward.30.1-27-02. (5-202) Testamentary appointment of guardian of minor. The parent of aminor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor<br>under section 30.1-27-03, a testamentary appointment becomes effective upon filing the<br>guardian's acceptance in the court in which the will is probated and upon approval by the court<br>either after or without a hearing, if, before acceptance, both parents are dead or the surviving<br>parent is adjudged incapacitated. If both parents are dead, an effective appointment by the<br>parent who died later has priority. This state recognizes a testamentary appointment effected by<br>filing the guardian's acceptance under a will probated in another state which is the testator's<br>domicile and upon approval by the court either after or without a hearing. Upon acceptance of<br>appointment, written notice of acceptance must be given by the guardian to the minor and to the<br>person having the minor's care or to the minor's nearest adult relation.30.1-27-03.(5-203) Objection by minor of fourteen or older to testamentaryappointment. A minor of fourteen or more years may prevent an appointment of the minor's<br>testamentary guardian from becoming effective, or may cause a previously accepted<br>appointment to terminate, by filing with the court in which the will is probated a written objection<br>to the appointment before it is accepted or within thirty days after notice of its acceptance. An<br>objection may be withdrawn. An objection does not preclude appointment by the court in a<br>proper proceeding of the testamentary nominee or any other suitable person.30.1-27-04.(5-204) Court appointment of guardian of minor - Conditions forappointment. The court may appoint a guardian for an unmarried minor if all parental rights of<br>custody have been terminated or suspended by circumstances or prior court order. A guardian<br>appointed by will as provided in section 30.1-27-02 whose appointment has not been prevented<br>or nullified under section 30.1-27-03 has priority over any guardian who may be appointed by the<br>court, but the court may proceed with an appointment upon a finding that the testamentary<br>guardian has failed to accept the testamentary appointment within thirty days after notice of the<br>guardianship proceeding.30.1-27-05. (5-205) Court appointment of guardian of minor - Venue. The venue forguardianship proceedings for a minor is in the place where the minor resides or is present.30.1-27-06.(5-206) Court appointment of guardian of minor - Qualifications -Priority of minor's nominee.The court may appoint as guardian any person whoseappointment would be in the best interests of the minor.The court shall appoint a personnominated by the minor, if the minor is fourteen years of age or older, unless the court finds the<br>appointment contrary to the best interests of the minor.30.1-27-07. (5-207) Court appointment of guardian of minor - Procedure.1.Notice of the time and place of hearing of a petition for the appointment of a<br>guardian of a minor is to be given by the petitioner in the manner prescribed by<br>section 30.1-03-01 to:a.The minor, if the minor is fourteen or more years of age.b.The person who has had the principal care and custody of the minor during the<br>sixty days preceding the date of the petition.c.Any living parent of the minor.Page No. 12.Upon hearing, if the court finds that a qualified person seeks appointment, venue is<br>proper, the required notices have been given, the requirements of section<br>30.1-27-04 have been met, and the welfare and best interests of the minor will be<br>served by the requested appointment, it shall make the appointment.In othercases, the court may dismiss the proceedings or make any other disposition of the<br>matter that will best serve the interest of the minor.3.If necessary, the court may appoint a temporary guardian, with the status of an<br>ordinary guardian of a minor, but the authority of a temporary guardian shall not last<br>longer than six months.4.If, at any time in the proceeding, the court determines that the interests of the minor<br>are or may be inadequately represented, it may appoint an attorney to represent the<br>minor, giving consideration to the preference of the minor if the minor is fourteen<br>years of age or older.30.1-27-08. (5-208) Consent to service by acceptance of appointment - Notice. Byaccepting a testamentary or court appointment as guardian, a guardian submits personally to the<br>jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by<br>any interested person. Notice of any proceeding shall be delivered to the guardian or mailed to<br>the guardian by ordinary mail at the guardian's address as listed in the court records and to the<br>guardian's address as then known to the petitioner.Letters of guardianship must indicatewhether the guardian was appointed by will or by court order.30.1-27-09. (5-209) Powers and duties of guardian of minor. A guardian of a minorhas the powers and responsibilities of a parent who has not been deprived of custody of the<br>parent's minor and unemancipated child, except that a guardian is not legally obligated to provide<br>from the guardian's own funds for the ward and is not liable to third persons by reason of the<br>parental relationship for acts of the ward. In particular, and without qualifying the foregoing, a<br>guardian has the following powers and duties:1.The guardian must take reasonable care of the ward's personal effects and<br>commence protective proceedings if necessary to protect other property of the ward.2.The guardian may receive money payable for the support of the ward to the ward's<br>parent, guardian, or custodian under the terms of any statutory benefit or insurance<br>system or any private contract, devise, trust, conservatorship, or custodianship. The<br>guardian also may receive money or property of the ward paid or delivered by virtue<br>of section 30.1-26-03. Any sums so received shall be applied to the ward's current<br>needs for support, care, and education. The guardian must exercise due care to<br>conserve any excess for the ward's future needs unless a conservator has been<br>appointed for the estate of the ward, in which case excess shall be paid over at least<br>annually to the conservator. Sums so received by the guardian are not to be used<br>for compensation for the guardian's services except as approved by order of court or<br>as determined by a duly appointed conservator other than the guardian. A guardian<br>may institute proceedings to compel the performance by any person of a duty to<br>support the ward or to pay sums for the welfare of the ward.3.The guardian is empowered to facilitate the ward's education, social, or other<br>activities and to authorize medical or other professional care, treatment, or advice.<br>A guardian is not liable by reason of this consent for injury to the ward resulting from<br>the negligence or acts of third persons unless it would have been illegal for a parent<br>to have consented. A guardian may consent to the marriage or adoption of the<br>ward.4.A guardian shall file an annual report with the court informing the court of the status<br>or condition of the ward and provide a copy of the report to the ward. The report<br>must include changes that have occurred since the previous reporting period and an<br>accounting of the ward's estate. The guardian shall report whether the ward hasPage No. 2resided in an institution, whether the ward continues to require guardianship, and<br>whether any powers of the guardian should be increased or limited. The filing of a<br>report and its acceptance by the court or clerk of district court does not constitute an<br>adjudication or a determination of the merits of the report nor does the filing of the<br>report constitute the court's approval of the report. The court may approve a report<br>and allow and settle an accounting only upon notice to the ward's guardian ad litem<br>and other interested persons who have made an appearance or requested notice of<br>proceedings. The office of state court administrator shall provide printed forms that<br>may be used to fulfill reporting requirements.Any report must be similar insubstance to the state court administrator's form. The forms must be available in<br>the office of clerk of district court or obtainable through the supreme court's internet<br>website.30.1-27-10. (5-210) Termination of appointment of guardian - General. A guardian'sauthority and responsibility terminates upon the death, resignation, or removal of the guardian, or<br>upon the minor's death, adoption, marriage, or attainment of majority, but termination does not<br>affect the guardian's liability for prior acts, nor the guardian's obligation to account for funds and<br>assets of the ward. Resignation of a guardian does not terminate the guardianship until it has<br>been approved by the court.A testamentary appointment under an informally probated willterminates if the will is later denied probate in a formal proceeding.30.1-27-11. (5-211) Proceedings subsequent to appointment - Venue.1.The court where the ward resides has concurrent jurisdiction with the court which<br>appointed the guardian, or in which acceptance of a testamentary appointment was<br>filed, over resignation, removal, accounting, and other proceedings relating to the<br>guardianship.2.If the court located where the ward resides is not the court in which acceptance of<br>appointment is filed, the court in which proceedings subsequent to appointment are<br>commenced shall in all appropriate cases notify the other court, in this or another<br>state, and after consultation with that court determine whether to retain jurisdiction or<br>transfer the proceedings to the other court, whichever is in the best interest of the<br>ward. A copy of any order accepting a resignation or removing a guardian shall be<br>sent to the court in which acceptance of appointment is filed.30.1-27-12. (5-212) Resignation or removal proceedings.1.Any person interested in the welfare of a ward, or the ward, if fourteen or more years<br>of age, may petition for removal of a guardian on the ground that removal would be<br>in the best interests of the ward. A guardian may petition for permission to resign. A<br>petition for removal or for permission to resign may, but need not, include a request<br>for appointment of a successor guardian.2.After notice and hearing on a petition for removal or for permission to resign, the<br>court may terminate the guardianship and make any further order that may be<br>appropriate.3.If, at any time in the proceeding, the court determines that the interests of the ward<br>are, or may be, inadequately represented, it may appoint an attorney to represent<br>the minor, giving consideration to the preference of the minor if the minor is fourteen<br>or more years of age.Page No. 3Document Outlinechapter 30.1-27 guardians of minors
