30.1-26 General Provisions
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<![CDATA[CHAPTER 30.1-26GENERAL PROVISIONS30.1-26-01. (5-101) Definitions and use of terms. Unless otherwise apparent from thecontext, in this title:1."Alternative resource plan" means a plan that provides an alternative to<br>guardianship, using available support services and arrangements which are<br>acceptable to the alleged incapacitated person. The plan may include the use of<br>providers of service such as visiting nurses, homemakers, home health aides,<br>personal care attendants, adult day care and multipurpose senior citizen centers;<br>home and community-based care, county social services, and developmental<br>disability services; powers of attorney, representative and protective payees; and<br>licensed congregate care facilities.2."Incapacitated person" means any adult person who is impaired by reason of mental<br>illness, mental deficiency, physical illness or disability, or chemical dependency to<br>the extent that the person lacks capacity to make or communicate responsible<br>decisions concerning that person's matters of residence, education, medical<br>treatment, legal affairs, vocation, finance, or other matters, or which incapacity<br>endangers the person's health or safety.3."Least restrictive form of intervention" means that the guardianship imposed on the<br>ward must compensate for only those limitations necessary to provide the needed<br>care and services, and that the ward must enjoy the greatest amount of personal<br>freedom and civil liberties consistent with the ward's mental and physical limitations.4.A "protected person" is a minor or other person for whom a conservator or limited<br>conservator has been appointed or other protective order has been made.5.A "protective proceeding" is a proceeding under the provisions of section 30.1-29-01<br>to determine that a person cannot effectively manage or apply the person's estate to<br>necessary ends, either because the person lacks the ability or is otherwise<br>inconvenienced, or because the person is a minor, and to secure administration of<br>the person's estate by a conservator or other appropriate relief.6.A "ward" is a person for whom a guardian or limited guardian has been appointed. A<br>"minor ward" is a minor for whom a guardian has been appointed solely because of<br>minority.30.1-26-02. (5-102) Jurisdiction of subject matter - Consolidation of proceedings.The court has jurisdiction over protective proceedings and guardianship proceedings.30.1-26-03. (5-103) Facility of payment or delivery. Any person under a duty to pay ordeliver money or personal property to a minor may perform this duty, in amounts not exceeding<br>five thousand dollars per annum, by paying or delivering the money or property to:1.The minor, if the minor is married;2.Any person having the care and custody of the minor with whom the minor resides;3.A guardian of the minor; or4.A financial institution incident to a deposit in a federally insured savings account in<br>the sole name of the minor and giving notice of the deposit to the minor.This section does not apply if the person making payment or delivery has actual knowledge that<br>a conservator has been appointed or proceedings for appointment of a conservator of the estatePage No. 1of the minor are pending. The persons, other than the minor or any financial institution under<br>subsection 4, receiving money or property for a minor, are obligated to apply the money to the<br>support and education of the minor, but may not pay themselves except by way of<br>reimbursement for out-of-pocket expenses for goods and services necessary for the minor's<br>support. Any excess sums shall be preserved for future support of the minor and any balance<br>not so used and any property received for the minor must be turned over to the minor when the<br>minor attains majority. Persons who pay or deliver in accordance with provisions of this section<br>are not responsible for the proper application thereof.30.1-26-04.(5-104) Delegation of powers by parent or guardian.A parent or aguardian of a minor or incapacitated person, by a properly executed power of attorney, may<br>delegate to another person, for a period not exceeding six months, any of the parent's or<br>guardian's powers regarding care, custody, or property of the minor child or ward, except the<br>power to consent to marriage or adoption of a minor ward.Page No. 2Document Outlinechapter 30.1-26 general provisions]]>