Discretionary appointment of counsel for certain kids in guardianships
Guardianship
Discretionary appointment of counsel for certain children
N.D. Cent. Code § 27-20.1-09 states: “If, at any time in the [guardianship] proceeding, the court determines the child is of sufficient age and competency to assist counsel and the interests of the child are or may be inadequately represented, the court may appoint an attorney to represent the child.” A similar provision provision for review/termination proceedings is found in N.D. Cent Code § 27-20.1-16(6), but without the “sufficient age and competency” requirement.
Conservatorship or other protective order (Plenary)
Discretionary appointment of attorney ad litem
In cases involving an appointment of a conservator or other protective order for a minor, “[i]f, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, it may appoint an attorney to serve as guardian ad litem for the minor, giving consideration to the choice of the minor if fourteen years of age or older.” N.D. Cent. Code Ann. § 30.1-29-07(1). The statute specifies that the attorney ad litem advocates for the best interests of the proposed protected child. Id.
Conservatorship (Emergency)
Mandatory appointment of guardian ad litem for estate‘s best interest
Also, in March 2023, North Dakota enacted SB 2222, which adds a new section to chapter 30.1-29 that creates a procedure for appointment of an emergency conservator. The provision appears to apply to both minors and incapacitated persons. A person interested in the estate of the person to be protected may file a petition to initiate such proceedings and request appointment as the conservator. Upon filing of the petition, “the court shall appoint a guardian ad litem to advocate for the best interests of the estate of the person to be protected in the proceeding and any subsequent proceeding.” Unlike the other sections of this chapter, the provision does not specify that the GAL is an attorney.
