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North Dakota Century Code Title 54. State Government § 54-68-02. Office of guardianship and conservatorship--Purpose--Powers and duties--Report--Audit

Current as of January 01, 2024 | Updated by Findlaw Staff

1. The office of guardianship and conservatorship is established, consisting of the operations committee, office staff, and review board.

2. The office, in its capacity of supervising and directing guardianship and conservatorship, shall operate independently of any state agency that provides services to individuals under guardianship or conservatorship. The office shall administer programs assigned by state law. The office may adopt rules to administer and enforce this chapter.

3. The office shall:

a. Develop policies and procedures, including eligibility criteria for:

(1) Receiving public services;

(2) A public guardian or a public conservator;

(3) A licensed guardian or a licensed conservator; and

(4) Distribution of funding for direct payments and expense reimbursements for public services.

b. Develop ethical standards for:

(1) A licensed guardian or a licensed conservator; and

(2) An unlicensed guardian or an unlicensed conservator.

c. Monitor guardianship and conservatorship services.

d. Develop policies and procedures for proceedings if a guardian or a conservator is unable to fulfill the duties of a guardian or a conservator.

e. Keep accurate records of all financial transactions performed under this chapter in the manner required by the office of management and budget.

f. Provide a report each biennium to the legislative management regarding the operations of the office, including the cost of public guardians and public conservators, and any other information requested by the legislative management.

4. The office may:

a. Recommend rules applicable to a licensed guardian or a licensed conservator.

b. Grant licenses to a guardian or conservator and agency permits, including revoking or suspending an agency permit.

c. Require insurance or bond coverage for a licensed guardian or a licensed conservator as a condition for licensure.

d. Establish mandatory disclosure and reporting requirements for a licensed guardian or a licensed conservator, including a process to disclose information or submit reports to the office.

e. Provide training for guardians and conservators.

f. Provide annual reports to the governor.

g. Distribute funding for direct payments, expense reimbursements, or other public services, including funding for public administrators.

h. Establish and collect fees to support guardianship and conservatorship services and the duties of the office, which must be deposited in the guardianship and conservatorship support fund.

i. Seek and apply for private, federal, or other funds to help support guardians and conservators and to safeguard the rights of individuals who receive public services.

j. Accept private funds for deposit in the guardianship and conservatorship support fund.

5. The office may not authorize payment for services for any public guardian or public conservator that provides services for more individuals than allowed through statute, regulation, or administrative rule.

6. The office, its officers, or its employees may not act as a public guardian or a public conservator or act in any other representative capacity for any individual. This subsection does not prohibit an officer or employee from acting as a guardian or conservator in a personal capacity apart from any duties as an officer or employee.

7. The office is subject to audits by the state auditor under chapter 54-10.

8. The director of the office of management and budget shall allocate office space in the state capitol for the office of guardianship and conservatorship, or, if office space in the capitol is unavailable, shall negotiate for, contract for, and obtain office space for the office in the city of Bismarck or in the Bismarck area. The office of guardianship and conservatorship's office space may not be located in the office space of the department of health and human services or the judicial branch and must provide sufficient privacy and security for the office to conduct its business. The director of the office of management and budget shall charge the office of guardianship and conservatorship an amount equal to the fair value of the office space and related services the office of management and budget renders to the office of guardianship and conservatorship.

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Cite this article: FindLaw.com - North Dakota Century Code Title 54. State Government § 54-68-02. Office of guardianship and conservatorship--Purpose--Powers and duties--Report--Audit - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-54-state-government/nd-cent-code-sect-54-68-02/

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