North Dakota Temporary Guardianship Agreement

Q: What is the North Dakota temporary guardianship agreement called?

North Dakota has no statutory name or form for it. The out-of-court route is a power of attorney under N.D.C.C. 30.1-26-04, by which a parent may delegate to another person any of the parent's powers regarding care, custody or property of a minor child. No court is involved.

Q: Who signs a North Dakota power of attorney for a minor child?

The parent delegating the powers signs it. The statute requires only a properly executed power of attorney and does not set out other signing rules, so ask a North Dakota attorney how to execute it.

Q: How long can a North Dakota parent's power of attorney last?

The statute allows a delegation for a period not exceeding six months. It is silent on signing a new six-month power of attorney when the first one expires.

Q: Does a North Dakota power of attorney for a child need a notary or witnesses?

N.D.C.C. 30.1-26-04 requires a properly executed power of attorney and does not itself mention a notary, witnesses or a filing step.

Q: Does the other parent have to sign in North Dakota?

N.D.C.C. 30.1-26-04 does not say that the other parent must sign or be notified. If the parents disagree about the child's care, see custody and parenting plan options.

Q: Can a North Dakota parent revoke the power of attorney?

The section has no revocation provision, so it does not set a revocation method. A parent should state in the document how it can be revoked, and an attorney can help with that.

Q: Who can be the caregiver under a North Dakota power of attorney for a child?

The statute says the parent may delegate to another person. It states no relative, age or residency restriction.

Q: Is this a court guardianship in North Dakota?

No. It is a power of attorney signed by a parent. It does not transfer custody and does not end or reduce parental rights. Court guardianship of a child is handled by the juvenile court under chapter 27-20.1.

Q: What court options does North Dakota have if a power of attorney is not enough?

On petition by a person interested in the child's welfare, the juvenile court can appoint an emergency guardian under N.D.C.C. 27-20.1-18 where ordinary procedures will likely result in substantial harm to the child. It lasts no more than 60 days from the hearing and the court may extend it up to six months. Any interested person may petition for a guardian of a child under 27-20.1-05.

North Dakota has no statutory form or name: it uses a power of attorney under N.D.C.C. 30.1-26-04.

Find out where you stand in North Dakota

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Introduction

A parent signs a properly executed power of attorney delegating powers regarding care, custody or property of a minor child for a period not exceeding six months. It is not a court guardianship and does not transfer custody.

Key Things to Know

1
The North Dakota instrument is a power of attorney delegating a parent's powers regarding care, custody or property of a minor child under N.D.C.C. 30.1-26-04. The parent signs it. The statute gives it no name and contains no form.
2
The delegation may be for a period not exceeding six months. The statute is silent on signing a new six-month power of attorney when the first one ends, so ask a North Dakota attorney before relying on a renewal.
3
The statute requires a properly executed power of attorney and does not itself set out any signing, notary, witness, one-or-both-parent or filing rule, or any notice to the other parent.
4
The parent may delegate any of the parent's powers regarding care, custody or property of the child, except that the statute excludes the power to consent to marriage or adoption of a minor ward. That wording may be aimed at a guardian's delegation; how it applies to a parent's delegation is unclear, so ask a North Dakota attorney. The statute lists no school or medical powers by name and has no rule about schools or providers relying on the document, so this page does not promise that any school or doctor must accept it.
5
The statute has no revocation provision.
6
This is not a court guardianship. It is made without a court, it does not transfer custody, and it does not end or reduce the parents' rights.
7
If this document does not fit your situation, or a longer or court-backed arrangement is needed, North Dakota juvenile court can appoint an emergency guardian of a child under N.D.C.C. 27-20.1-18 where ordinary procedures will likely result in substantial harm to the child, for no more than 60 days from the hearing, extendable up to six months, or a guardian under 27-20.1-05. DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the North Dakota child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

Key decisions before you file

Before you file a Temporary Guardianship Agreement in North Dakota, a few decisions shape the document: which option to choose and what each one means. The Temporary Guardianship Agreement guide walks through them.

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POWER OF ATTORNEY DELEGATING PARENTAL POWERS OVER A MINOR CHILD (North Dakota, N.D.C.C. § 30.1-26-04)

This is a power of attorney signed by a parent. No court is involved in making it. It does not transfer custody and does not end or reduce any parent's rights.

PARENT I, [PARENT FULL NAME], of [PARENT ADDRESS], am a parent of the child named below.
CHILD [CHILD FULL NAME], born [CHILD DATE OF BIRTH].
PERSON RECEIVING THE POWERS I delegate the powers described below to [CAREGIVER FULL NAME], of [CAREGIVER ADDRESS], [RELATIONSHIP TO CHILD].
POWERS DELEGATED I delegate to this person the following of my powers regarding the care, custody or property of the child: [POWERS DELEGATED]. [IF APPLICABLE: LIMITS ON THE POWERS DELEGATED: LIMITS.]
POWERS NOT DELEGATED I do not delegate the power to consent to the marriage or adoption of the child. The person named above may not give that consent.
TERM This power of attorney begins on [START DATE] and ends on [END DATE], which is not more than six months after it begins, unless I revoke it sooner.
REVOCATION I may revoke this power of attorney in writing at any time by [WRITTEN NOTICE TO THE PERSON NAMED ABOVE].
OTHER PARENT [IF APPLICABLE: The other parent, OTHER PARENT NAME, has been told of this power of attorney and signs below.] [IF APPLICABLE: The other parent has not signed because REASON.]

SIGNATURES

Parent: ______________________ [PRINTED NAME] Date: [DATE]

[IF APPLICABLE: Other parent: ______________________ [PRINTED NAME] Date: [DATE]]

[IF APPLICABLE: Person receiving the powers: ______________________ [PRINTED NAME] Date: [DATE]]

[IF APPLICABLE: Witness: ______________________ [PRINTED NAME] Date: [DATE]]

[IF APPLICABLE: NOTARY ACKNOWLEDGMENT] State of North Dakota, County of [COUNTY] Signed before me on [DATE] by [PARENT FULL NAME]. Notary public: ______________________ My commission expires: [DATE]

North Dakota Requirements for Temporary Guardianship Agreement

Parent-Signed Power of Attorney
A parent, by a properly executed power of attorney, may delegate to another person any of the parent's powers regarding care, custody or property of a minor child (N.D.C.C. 30.1-26-04).
Six-Month Limit
The delegation may be for a period not exceeding six months. The statute is silent on renewal (N.D.C.C. 30.1-26-04).
Properly Executed
The statute requires a properly executed power of attorney and sets out no notary, witness, filing or other-parent rule in the section (N.D.C.C. 30.1-26-04).
Marriage and Adoption Exclusion
The section excepts the power to consent to marriage or adoption of a minor ward; how this applies to a parent's delegation is unclear (N.D.C.C. 30.1-26-04).
Powers Delegated
The document lists which of the parent's powers regarding care, custody or property of the child are delegated, and any limits.
Term Dates
The document states a start date and an end date not more than six months after it begins.
Person Receiving the Powers
The statute allows delegation to another person and states no relative, age or residency restriction (N.D.C.C. 30.1-26-04).
No Statutory Form
The statute gives this power of attorney no name and contains no form.

Frequently Asked Questions

What is the North Dakota temporary guardianship agreement called?

Who signs a North Dakota power of attorney for a minor child?

How long can a North Dakota parent's power of attorney last?

Does a North Dakota power of attorney for a child need a notary or witnesses?

Does the other parent have to sign in North Dakota?

What can a North Dakota caregiver do under this power of attorney?

Can a North Dakota parent revoke the power of attorney?

Who can be the caregiver under a North Dakota power of attorney for a child?

Is this a court guardianship in North Dakota?

What court options does North Dakota have if a power of attorney is not enough?

Find out where you stand in North Dakota

Introduction

Key Things to Know

Key decisions before you file

Customize your Temporary Guardianship Agreement Template with DocDraft

North Dakota Requirements for Temporary Guardianship Agreement

Parent-Signed Power of Attorney

Six-Month Limit

Properly Executed

Marriage and Adoption Exclusion

Powers Delegated

Term Dates

Person Receiving the Powers

No Statutory Form

Frequently Asked Questions