A BILL for an Act to amend and reenact section 30.1-28-04 of the North Dakota Century Code, relating to guardians of incapacitated persons.
HB 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.
Bill status
failed
2 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Jan 2025
House Failed
Jan 2025
Governor
Introduced Jan 13, 2025
Last action Jan 22, 2025
Floor votes · House Jan 22, 2025
How they voted
4–88
Failed
Total votes 92
Jan 22, 2025
D
Democratic11
100% Nay
R
Republican81
95% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
5
Key actions
2
Committee
2
Jan 22, 2025
Vote failed
House Vote: fail (4-88)
house
Jan 21, 2025
Lower · Passed
Reported back, do not pass, placed on calendar 10 1 3
lower
Jan 21, 2025
Lower · Passed
Committee Hearing 11:30
lower
Jan 13, 2025
Introduced
Introduced, first reading, referred Judiciary Committee
lower
1 primary · 8 co-sponsors
Sponsors
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