North Dakota Century Code Title 30.1. Uniform Probate Code § 30.1-28-07.1. Removal, resignation, or death of guardian--Appointment of successor guardian

1. The court may remove a guardian on its own motion or on petition of the ward or any interested person if removal is in the best interests of the ward. A request for this order may be made by informal letter to the court or judge. The clerk of district court shall send a copy of the informal request to the parties and those identified in section 30.1-28-09.1. Any person that knowingly interferes with the transmission of a request under this section may be adjudged guilty of contempt of court.

2. The court may accept the resignation of a guardian upon petition by the guardian.

3. Upon the death of a guardian, the personal representative of the guardian shall submit a final report and accounting to the court. Upon removal or resignation of the guardian, the guardian shall submit a final report and accounting to the court. The report and accounting must be filed with the clerk of district court. The filing of the report and accounting does not constitute the court's approval of the report and accounting. The court may approve a report and settle and allow an accounting only upon notice to those identified in section 30.1-28-09.1.

4. A hearing must be held no later than sixty days following the filing of the petition or informal request, unless good cause is shown. Following the hearing, the court shall make written findings of fact and conclusions of law.

5. Upon the removal, resignation, or death of a guardian, the court, upon the court's own motion or upon a motion filed by any interested person, may appoint a successor guardian or make any other appropriate order.

6. A notice of motion must accompany the motion for appointment of successor guardian and must include a statement that provides an opportunity for hearing if requested in regard to the appointment of a successor guardian. The notice of motion and motion must be served on those identified in section 30.1-28-09.1.

7. If a hearing is not requested by or on behalf of the ward listed in the notice, the court may sign an order appointing a successor guardian for that ward.