North Dakota Century Code Title 30.1. Uniform Probate Code § 30.1-29-20.1. Emergency conservator

1. On petition by a person interested in the estate of the person to be protected, the court may appoint an emergency conservator if the court finds that compliance with the procedures in this chapter likely will result in substantial harm to the estate of the person to be protected, and that no other person appears to have authority and willingness to act in the circumstances. The court may appoint the conservator for a specified period of time, not to exceed ninety days. Immediately upon receipt of the petition for an emergency conservator, the court shall appoint a guardian ad litem to advocate for the best interests of the estate of the person to be protected in the proceeding and any subsequent proceeding. The court shall hold a hearing within ten days of the filing of the petition to determine if appointment of an emergency conservator is appropriate. Except as otherwise provided in subsection 2, reasonable notice of the time and place of a hearing on the petition must be given to those identified in section 30.1-29-05.1.

2. An emergency conservator may be appointed without notice only if the court finds from affidavit or other sworn testimony that the estate of the person to be protected will be substantially harmed before a hearing on the appointment can be held. If the court appoints an emergency conservator without notice, the person whose estate is to be protected and the person's spouse, if any, must be given notice of the appointment within forty-eight hours. The court shall hold a hearing on the appropriateness of the appointment within ten days after the appointment.

3. Appointment of an emergency conservator, with or without notice, is not a determination of the person or the estate of the person's need for protection.

4. The court may remove an emergency conservator at any time. An emergency conservator shall make any report the court requires. In all other respects, the provisions of this chapter concerning conservators apply to an emergency conservator.