North Dakota has opened a new state agency dedicated to guardianship and conservatorship. The Office of Guardianship and Conservatorship announced this week that it is fully staffed and operating. Its responsibilities offer a useful look at what guardianship involves and how families can plan around it.
What the New Office Does
According to KFYR in Bismarck, lawmakers created the agency through Senate Bill 2029 during the 2025 legislative session as an independent entity focused on guardianship and conservatorship services. Executive Director Rachel Sinness was hired in November 2025, and the remaining staff joined this year.
The office carries several responsibilities.
- It funds the establishment of guardianships.
- It funds support services for public administrators.
- It investigates misconduct and abuse involving disabled and aging adults under guardianship or conservatorship orders.
- It will standardize reimbursement for guardians and conservators.
The agency’s new website provides information on its services along with guidance on ethics, best practices, and funding for guardians and conservators.
Why Oversight Matters
A guardian may decide where a person lives, what medical care they receive, and how their money is spent. That authority comes from a court order, and courts depend largely on reports from guardians to monitor how it is used. An independent office that investigates misconduct gives families another place to raise concerns.
Many states split these responsibilities between two roles. The difference between guardianship and conservatorship determines who handles personal decisions, who manages finances, and what each must report to the court.
Anyone appointed to serve takes on legal duties that include filing regular reports, keeping accurate records, and acting in the protected person’s best interest.
Planning to Avoid Guardianship
Many guardianships begin because no planning documents were in place when a person lost capacity.
Documents Signed in Advance
When a parent loses capacity without a durable power of attorney or health care directive, a family member may have no option except to petition the court.
Less Restrictive Options
Some states now recognize supported decision-making, which allows an adult to choose trusted advisors to help with decisions while keeping their legal rights.
Planning for an Adult Child
Parents of a child with a disability often face this question as the child approaches 18. Special needs planning can address whether guardianship is necessary or whether alternatives will meet the family’s needs.
When a Court Process Is Necessary
Some families will still need a guardianship, particularly when a loved one never signed planning documents. Petitions, hearings, and the reports that follow appointment all carry deadlines and formal requirements. Families who work through that process with a guardianship lawyer have someone familiar with what the court expects at each stage.
Whether you are weighing alternatives or preparing to serve as a guardian, Estate Planning Pros can explain the options available in your state. Schedule a time to meet with a guardianship lawyer and review your family’s situation.