Serving North Dakota Since 1923
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At Catholic Charities North Dakota, we are dedicated to identifying and meeting the unique needs of our clients with intellectual disabilities. We work closely with human service centers, residential, and vocational service providers who specialize in this area.
Our goal is to ensure that every individual we serve lives as independently as possible, with their health and safety needs met. For more information about our services, feel free to reach out to us today.
When individuals aren’t able to make good decisions for themselves because of their situation or disabilities, they are at risk of being taken advantage of, abused, neglected or not receiving needed medical or other services. This is where guardianship comes in.
Guardianship is a court appointed relationship between a competent adult (guardian) and a person who is not able to handle his or her affairs (ward).
There’s no easy way to determine who needs a guardianship, which is why each person’s situation must be considered in the following way:
At Catholic Charities North Dakota, we are committed to providing the best possible care and support for individuals with intellectual disabilities. We invite you to get in touch with us to learn more about our services and how we can assist you or your loved one. Your needs are our priority.
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 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 is a person who acts as the receiver of United States Social Security Disability or Supplemental Security Income for a person who is not fully capable of managing their own benefits, i.e. cannot be their own payee. The representative payee is expected to assist the person with money management along with providing protection from financial and victimization.
Our person-centered approach to decision making and support includes:
North Dakota Century Code recognizes that a ward may need the protection of a guardian in all areas of their life, or only specific areas.
A guardian is required to act in and represent an individual's best interests and protect the individual and his or her rights. They must ensure that services are provided in the most normalized and least restrictive means possible and are specifically tailored to the needs of the individual.
North Dakota Century Code requires a guardian to involve the individual in all decisions to the fullest extent possible, which the court will clearly define.
Unless specifically limited by order of the court, an individual retains: the right to vote; the right to seek to change marital status; and the right to obtain or retain a motor vehicle license.
We are contracted by the Developmental Disabilities Division of North Dakota to provide guardianship services for individuals who have intellectual disabilities who are 18 years of age or older.
If you feel that your family member, friend, or client needs the support of a legal guardian but no one is able to help, please contact your local Regional Human Service Center and ask to be connected to a Developmental Disabilities Program Manager.
All referrals to our guardianship program must come directly from a DD Program Manager. We cannot take referrals from family, friends or other service providers.
For more information or resources, call (701) 235-4457 or email guardianship@catholiccharitiesnd.org
We are a United Way Community Partner committed to focusing on measurement, shared data, and results to make a meaningful difference in our community.
There is a legal procedure 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.
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.
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.)
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 includes attorney’s fees, court costs, and fees for the guardian ad litem, visitor and the expert examiner.
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.
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.
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.
Guardians are required to file an Annual Wellbeing Report, an Annual Financial Accounting and a Confidential Information Form with the court. 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.
As a guardian your primary responsibility is to ensure that the individual is receiving necessary and quality services. There are agencies and organizations that can provide assistance in obtaining these services. Some of these agencies and organizations are: Protection & Advocacy Project, North Dakota Department of Human Services/Vulnerable Adult Protective Services, Legal Services of North Dakota, your district court, North Dakota Department of Human Services/Developmental Disabilities Division, North Dakota Department of Human Services/Aging Services Division, Mental Health Association of North Dakota, area social services, the Guardianship Association of North Dakota and the Guardianship Division of Catholic Charities North Dakota.
COA Accredited Intellectual Disability Specialists
Call Catholic Charities North Dakota today.
(701) 235-4457
Director of Guardianship Division: Intellectual Disabilities
Guardianship Division Assistant Director
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Located in Fargo, Bismark, Grand Forks, and Minot, ND. Catholic Charities North Dakota specializes in adoption services and guardianship facilitiation. Serving North Dakota since 1923. Available for emergencies. COA accredited. Call today.
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