Limited Professional Guardian Practice

North Dakota Rules of Court

Rule: 11.8.

Jurisdiction: ND

Bluebook Citation: N.D.R.Ct. 11.8.

(a) Purpose. The purpose of this rule is to authorize nonlawyer agents of a professional guardianship entity to prepare and file legal documents in guardianship proceedings. A professional guardian is defined by N.D. Sup. Ct. Admin. R. 59. (b) Scope of practice authorized. A nonlawyer agent of a professional guardian legal entity may prepare and file legal documents or appear on behalf of the professional guardian legal entity in the following instances: (1) Submitting beginning inventory reports, annual reports, final reports, and other routine reports required by statute or rule; (2) Filing a motion for: (A) a change of venue to another state district court in North Dakota; (B) termination of guardianship due to death of ward; (C) discharge of guardian and appointment of a successor professional guardian legal entity; (D) approval of guardian compensation and reimbursement; (E) leave to appear, or for the ward to appear, at a hearing by reliable electronic means; or (F) a review hearing. A nonlawyer agent of a professional guardian legal entity may only prepare and file legal documents for cases in which the professional guardian legal entity has been appointed. (c) Contested proceedings. If a proceeding identified in subdivision (b) becomes contested, the professional guardian legal entity must engage an attorney to represent the professional guardian legal entity.

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