Bill proposes new office to regulate guardianships across North Dakota

BISMARCK — North Dakota legislators heard testimony on a bill that would overhaul the way guardianships and conservatorships are overseen — something the judiciary has been working toward for more than a decade.

Senate Bill 2029

would create an Office of Guardianship and Conservatorship with broad powers to oversee such matters statewide. The office would license and maintain a registry of professional guardians and conservators, set regulations and policies, oversee legal and disciplinary actions, and manage state funding for guardianship and conservatorship programs.

Those in support of the bill believe it will address the shortage of guardians and conservators facing North Dakota while enforcing greater accountability. Those in opposition to the bill are concerned it will syphon funds from existing programs.

Chief Justice Jon Jensen said the creation of the Office of Guardianship and Conservatorship was a main priority of the legislative session for the state Supreme Court during his recent

State of the Judiciary address.

According to South Central District Judge Cynthia Feland, who testified in favor of the bill, the state currently has no licensing program for professional guardians and conservators, making it difficult to monitor who is claiming to be a professional and what their qualifications are.

President of the Guardianship Association of North Dakota Margo Haut, who testified against the bill, said that guardians are already required to obtain a national certification from the Center of Guardianship Certification and must be certified by the state courts system to act as a guardian in North Dakota.

Feland said the licensing component of the bill is important because complaints against guardians and conservators are handled on a case-by-case basis in the court system. Feland said this has created instances in which a professional guardian is removed from a case for misconduct without any mechanism to investigate other cases they are handling. The proposed bill would fix this, according to the judge.

“If we now have a procedure for licensing and we can remove them, then notification goes throughout the state to all of the district courts that this person’s license has been revoked,” she said.

If a guardian’s license is revoked, Feland said the Office of Guardianship and Conservatorship would be able to find other guardians to step in and take over the cases from the de-licensed guardian.

Donna Byzewski is the program director of the corporate guardianship program for people with intellectual disabilities at Catholic Charities North Dakota. She said during her neutral testimony that she was concerned the budgets of guardianship services would be devastated by legal costs when guardians were brought before the proposed office’s review board.

Byzewski did, however, say the bill would give the court tools to protect people in the case of exploitation or neglect by a guardian and remove the offending guardian in a timely manner, something that has taken months — if not years — to accomplish previously.

Feland said the judiciary is already preparing to implement the office should the bill pass.

“I don’t wait for this stuff to pass. We’re doing it now. So as we are speaking right now, we are actually putting together the rules for the Supreme Court to create these things” Feland said. “This is a problem that’s been there for over a decade and is getting worse. So the best way, then, to resolve it is to start doing these things right away.”