Do I still have guardian responsibilities for my niece after she turns 19?

Full question:

I am the court appointed guardian of my 18 year old niece since the death of her parents. She is turning 19 next month. Will I still have the power and responsibilities of a guardian over her since she is unmarried and does not have parents? What is the law in North Dakota?

Answer:

In North Dakota, a guardian has the powers and responsibilities of a parent until the child reaches adulthood or is otherwise emancipated. According to N.D. Cent. Code Ann. § 30.1-27-09, a guardian is responsible for the ward's care but is not required to use their own funds for the ward's support and is not liable for the ward's actions.

However, the authority of a guardian ends when the child turns eighteen, as established by N.D. Cent. Code Ann. § 14-09-20. This law states that a parent's authority ceases upon the appointment of a guardian, the marriage of the child, or when the child reaches the age of majority.

Since your niece will turn nineteen next month, she will have reached the age of majority in North Dakota, which means you will no longer have guardian responsibilities or powers over her.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Guardianship of an adult involves a court appointing someone to make decisions for an individual who is unable to manage their own affairs due to incapacity. The guardian has the authority to handle matters such as medical care, financial decisions, and living arrangements. In North Dakota, this process requires a legal petition and a hearing to determine the need for guardianship. The court will consider the individual's best interests and the least restrictive options available. The guardian must report to the court periodically regarding the adult's welfare. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*