North Dakota

Overview

North Dakota has passed supported decision-making statutes. In 2021, North Dakota passed a law including supported decision-making in the bill’s definition of “essential caregiver.” We are not aware of any case law denying initial petitions for guardianship (or terminating existing guardianships) in favor of supported decision-making.

Guardianship Laws

View Information

N.D. Cent. Code §§ 30.1-26-01 to -.04; 30.1-28-01 to -15; 30.1-29-01 to -31

Supported Decision-Making

Supported Decision-Making Statute

View Information

N.D. Cent. Code § 30.1-36 (2019).
- Link to Enacted Bill NO. 1378 >/li>

State Legislation

Enacted

N.D. S.B. 2145, 67th Legislative Assembly (2021-2023)

Description: Appears to include supported decision-making in the bill’s definition of “essential caregiver.” Exact language “resident’s designated decisionmaker.” Mandates that Essential Caregivers be given access to long-term care facilities provided they follow proper COVID-19 health protocols.
Status: Enacted on May 23, 2021.