Vulnerable Individuals

Advocacy and support for individuals in need.

Guardianship in North Dakota

Guardianship Services for Vulnerable Individuals

Catholic Charities North Dakota provides compassionate, professional guardianship services for vulnerable individuals across the state. When adults are unable to safely manage personal, medical, legal, or financial decisions on their own, our guardians step in to provide decision making, advocacy, protection, and support while preserving dignity and independence whenever possible.

We recognize that every situation is unique. Our team carefully evaluates each individual’s needs and works collaboratively with families, support systems, care providers, courts, and community partners to ensure informed decisions and consistent care is provided as appropriate for the individual.

Vulnerable Individuals

Comprehensive Support and Protection

Our guardianship services are designed to protect vulnerable individuals while promoting independence, dignity, and the least restrictive supports possible. Each service is guided by the individual’s best interests and changing needs.

Advocacy and Safety Protection

We actively advocate for vulnerable individuals to ensure they are safe and treated with dignity. Our guardians work to stop and prevent abuse, neglect, and exploitation by monitoring care environments, addressing concerns promptly, and intervening when risks arise. Protection and well-being are always a top priority.

Medical, Legal, and Financial Decision Support

When individuals are unable to manage complex decisions on their own, our guardians provide thoughtful support with medical, legal, and financial matters. This includes working with healthcare providers, understanding treatment options, managing benefits when needed, and ensuring decisions align with the individual’s needs, preferences, and best interests.

Care Coordination and Service Oversight

We coordinate closely with healthcare providers, residential facilities, and service agencies to ensure consistent, appropriate care. Our team communicates regularly with care staff and providers to confirm services are meeting expectations and to address concerns as they arise.

Ongoing Monitoring and Community Support

Regular visits allow our guardians to stay connected to each individual’s well-being, wishes, and changing circumstances. We also assist individuals in accessing community and social services that support stability, independence, and quality of life over time.

Vulnerable Individuals Guardianship

Person-Centered Approach

There is no single path to determining guardianship. Each individual’s circumstances are carefully considered through a person-centered approach that emphasizes respect, choice, and safety.

Our approach includes working with referral sources such as support systems, hospitals, care facilities, ND Adult Protective Services, human service zones, and the courts. We communicate directly with the individual in their home or staff at their care facility, involve the individual in decisions whenever possible, and encourage independence while ensuring health and safety needs are met.

Vulnerable Adults

Understanding Guardianship

Guardianship

Guardianship is when a person has the legal authority to care for the personal and property interests of another person who is called a ward. Guardianship is the appointment of a person or entity to oversee the physical and medical care of a person with limited capacity. A guardian is required to act in and represent the best interests of the individual, and to protect the individual and his or her rights. A guardian must ensure that services are provided in the least restrictive way possible and are tailored to the needs of the individual.

Conservatorship

Conservatorship may be appointed to manage the estate and finances of an individual. This is usually done when an individual has significant assets to manage. The appointment is a separate legal process and does not involve making decisions regarding the individual’s personal life.

Representative Payee

Representative Payee is a person who acts as the receiver of United States Social Security funds, Disability or Supplemental Security Income for a person who is not fully capable of managing their own benefits, i.e. they are losing their housing, being financially exploited. The representative payee is expected to assist the person with money management along with providing protection from financial victimization. The Representative Payee is appointed by Social Security and is not part of the legal process.

Vulnerable Adults

Types of Guardianship

North Dakota Century Code recognizes that an individual may need the protection of a guardian in all areas of life or only in specific areas. Guardianship is designed to be flexible and tailored to each person’s unique needs, with authority defined by the court.

General Guardian

A General Guardian is responsible for decisions in all aspects of an individual’s life. This includes ensuring the individual has safe housing, food, clothing, and access to necessary services such as medical care, education, vocational opportunities, and other supports essential to their well-being.

Limited Guardian

A Limited Guardian is given authority to make decisions only in specific areas of the individual’s life. These areas are clearly outlined in the court’s order or letters of guardianship, allowing the individual to retain decision-making authority in all other areas.

Emergency Guardian

An Emergency Guardian may be appointed when immediate action is required to prevent harm to the individual. Emergency guardianships are temporary and may not remain in effect for longer than 90 days.

Testamentary Guardian

A Testamentary Guardian may be appointed through a will by a guardian spouse or guardian parent of a person who has been legally determined to be incapacitated. This appointment designates a successor guardian to serve in the future if needed.

Guardianship Services

Referral Process

Catholic Charities North Dakota provides guardianship services for individuals who are vulnerable, elderly, traumatic brain injury, or experiencing mental health concerns and are 18 years of age or older.

If you believe a family member, friend, or client may need the support of a legal guardian and no one is able to assist, please contact us directly. Our team will help determine appropriate next steps and guide you through the process.

To make a referral or request information Call 701-235-4457 or email [email protected]. Referrals may come from a variety of sources, including:

Vulnerable Individuals Guardianship FAQs

FAQs About Vulnerable Individuals Guardianship

If you’re looking for support for yourself, a family member, or a client, we’re ready to assist. Our team will listen, understand your specific needs, and offer tailored solutions.

What services does Catholic Charities North Dakota offer for vulnerable adults?

How quickly can Catholic Charities North Dakota respond to emergencies involving vulnerable individuals?

Catholic Charities North Dakota provides 24/7 on call guardian availability. Our team is ready to provide immediate support and care when urgent situations arise with our guardian clients.

What makes Catholic Charities North Dakota qualified to assist vulnerable individuals?

Catholic Charities North Dakota is well-qualified to assist vulnerable individuals. We are COA accredited and have over 100 years of experience serving North Dakota. Our team carefully evaluates each individual’s needs and works collaboratively with families, support systems, care providers, courts, and community partners to ensure informed decisions and consistent care. We have multiple locations across the state offering a wide range of services. Catholic Charities North Dakota has been providing guardianship services since 1987.

How do I go about establishing a guardianship?

There is a legal process that must be followed in order to establish a guardianship. Once it has been determined that guardianship is the most appropriate solution, the first step is to contact an attorney. Your attorney will help you file a petition for guardianship and a court hearing will be set. Notices of the petition for guardianship and date of the hearing will be given to all interested parties, including the proposed individual. At the hearing, the court decides if the proposed individual needs a guardian, the level of guardianship (limited or general) and who will be the guardian.

What happens before the court hearing?

The attorney representing the person seeking the guardianship (the petitioner) will continue to gather information and evidence that supports the need for establishing guardianship. The court will appoint a guardian ad litem, a visitor, and an expert examiner (physician, psychiatrist, advanced practice registered nurse, physician assistant or psychologist) to evaluate the need for and appropriateness of establishing a guardianship for the proposed individual. The guardian ad litem (GAL) is an attorney who represents the proposed individual. The GAL visits with the proposed individual and evaluates all of the available information on the case. The GAL then files a report and recommendations with the court. The guardian ad litem makes recommendations based on what he or she feels is in the best interests of the proposed individual. The visitor is usually a social service professional who visits with the proposed individual, his or her current (future, if applicable) residence and the proposed guardian. The visitor may meet with others who are involved in the case and examine information pertinent to the case. The visitor then files a report and recommendations with the court. The expert examiner examines or evaluates the proposed individual. His or her recommendations and report are then filed with the court.

What happens at the court hearing?

All interested parties could and should attend the hearing. The proposed individual must attend unless very good and clear reasons for his or her absence are provided to the court. (The court may hold the hearing at an alternative location such as a nursing home or hospital to ensure the proposed individual’s attendance.) The attorney representing the petitioner presents evidence to establish that the proposed individual is unable to make or communicate responsible decisions for his or her well-being in all or certain areas of his or her life. The court accepts and carefully considers the reports and recommendations filed by the visitor, guardian ad litem, and expert examiner. Anyone involved in the case may testify to prove or disprove the need to establish guardianship. Once the evidence has been presented and testimony has been given, the court must decide if there is clear and convincing evidence that the proposed individual is incapacitated and there are no other options available to safeguard the proposed individual’s health, safety and habilitation. If so, the court appoints a guardian who will be able to fulfill the assigned duties properly.

Does it cost anything to set up a guardianship?

In order to protect the freedoms and rights of a proposed individual, the procedure to establish a guardianship is detailed, specific and requires the services of a number of professionals. The cost of setting up a guardianship may include fees for the following: attorney’s fees, court costs, and fees for the guardian ad litem, visitor and the expert examiner. The cost to establish a guardianship can range from $3,500 – $6,000 or more. In most cases, these costs are paid by the person who is petitioning for the court to establish a guardianship or if the court orders, the proposed individual may be required to pay. In some cases, certain fees can be paid by an outside agency or may even be waived.

How do I know what authority I will have as a guardian?

The court will issue orders and letters that specify the areas where the guardian does and does not have authority and responsibility. After the guardianship orders and letters have been signed and filed with the court, the guardianship becomes official.

As a guardian, will I be financially responsible for the individual?

You may have the authority to oversee and handle the individual’s funds. You must make sure that the individual’s money is spent to cover his or her needs such as rent, clothing, and other bills. Unless you agree to take on more financial responsibility for the individual or are clearly negligent in handling the individual’s funds, you have no personal financial responsibility.

Will the individual have to live with me?

You need to make arrangements for the care of the individual; you are not required to have the individual move into your home. You are responsible for seeing to the well-being and best interest of the individual.

As a guardian, do I have to make reports to the court?

Guardians are required to file reports to the court as ordered. The report forms are available from the probate office of the district court as well as the North Dakota Supreme Court website. The reports consist of information about the physical and emotional condition of the individual, the services that the individual receives, any problems that have occurred since the last report, what the guardian has done for the individual, a summary of any medical decisions the guardian has made on behalf of the individual and an accounting of the individual’s financials.

Helping Families, making change

Reach Out Today

If you are concerned about a vulnerable individual or believe guardianship services may be needed, our team is here to help. We offer confidential consultations and guidance to help you understand available options.

Contact Catholic Charities North Dakota to learn how our Guardianship Services can provide protection, advocacy, and peace of mind for vulnerable individuals and their families.