Will the guardian have the power over an unmarried 19 year old?

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?

• Category: Guardianship
• Date: 04/07/2025
• State: North Dakota

Answer:

In North Dakota, N.D. Cent. Code Ann. § 30.1-27-09 (West), recognizes that a guardian has the powers and duties of a parent till the child is emancipated or the guardian is deprived of the custody of the child.

N.D. Cent. Code Ann. § 30.1-27-09 (West) reads:

“A guardian of a minor has the powers and responsibilities of a parent who has not been deprived of custody of the parent's minor and unemancipated child, except that a guardian is not legally obligated to provide from the guardian's own funds for the ward and is not liable to third persons by reason of the parental relationship for acts of the ward. In particular, and without qualifying the foregoing, a guardian has the following powers and duties:
1. The guardian must take reasonable care of the ward's personal effects and commence protective proceedings if necessary to protect other property of the ward.
*** ”

And, as per N.D. Cent. Code Ann. § 14–09–20 (West), the duty or authority of a parent is extinguished when another guardian is appointed, the child is married or attains majority. The section provides as follows:

“The authority of a parent ceases:
1. Upon the appointment by a court of a guardian of the person of a child;
2. Upon the marriage of a child; or
3. Upon the child attaining majority.”
 

The age of majority is 18 years of age in accordance with N.D. Cent. Code Ann. § 14-10-02 (West) that provides “[a]ll persons eighteen years of age and over are adults.”

 

Therefore, a child who is 18 years of age has attained majority as per the North Dakota State laws and the guardian ceases to have any powers or responsibilities towards the child who attained majority.