North Dakota HB1262: 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.

What the bill says

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.

From the introduced text, January 13, 2025:

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. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. AMENDMENT. Section 30.1-28-04 of the North Dakota Century Code is amended and reenacted as follows: 30.1-28-04. (5-304) Findings - Order of appointment. 1. The court shall exercise the authority conferred in this chapter consistent with the maximum self-reliance and independence of the incapacitated person and make appointive and other orders only to the extent necessitated by the incapacitated person's actual mental and adaptive limitations or other conditions warranting the procedure. 2. At a hearing held under this chapter, the court shall: a. Hear evidence that the proposed ward is an incapacitated person. Age, eccentricity, poverty, or medical diagnosis alone is not sufficient to justify a finding of incapacity; b. Hear evidence and determine whether there are any existing general durable powers of attorney and durable powers of attorney for health care. If there are validly executed durable powers of attorney, the court shall consider the appointed attorneys in fact and agents appointed thereunder when assessing alternative resource plans and the need for a guardian; and c. Appoint a guardian, other than the proposed ward, and confer specific powers of guardianship only after finding in the …

Read the full official text

Sponsors

• Scott Louser (R, 5) · primary sponsor
• Randall Burckhard (R, 5)
• Jay Fisher (R, 5)
• David Hogue (R, 38)
• Jeff Hoverson (R, 3)
• Lawrence Klemin (R, 47)
• Diane Larson (R, 30)
• Bob Paulson (R, 3)
• Lori VanWinkle (R, 3)

Latest actions

1. January 22, 2025: Second reading, failed to pass, yeas 4 nays 90
2. January 21, 2025: Reported back, do not pass, placed on calendar 10 1 3
3. January 21, 2025: Committee Hearing 11:30
4. January 13, 2025: Introduced, first reading, referred Judiciary Committee

Votes

• Final Passage (January 22, 2025): 4 yea, 90 nay, failed

Common questions

What is HB1262?

HB1262 is a bill in the North Dakota Legislature (69th Legislative Assembly): 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.

What does HB1262 do?

In its own words: 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.

What is the status of HB1262?

Failed as of January 22, 2025. Latest action: Second reading, failed to pass, yeas 4 nays 90 (January 22, 2025).

Who sponsored HB1262?

Scott Louser (R, 5), with 8 co-sponsors.

Where is the official record for HB1262?

On the North Dakota Legislature website: https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo1262.html