RULE OF COURT 11.8 AUTHORIZES LIMITED PROFESSIONAL GUARDIAN PRACTICE
RULE OF COURT 11.8 AUTHORIZES LIMITED PROFESSIONAL GUARDIAN PRACTICE
ANDY FORWARD Attorney at Law
North Dakota Rule of Court 11.8 addresses the scope of practice for nonlawyer agents of professional guardianship entities in the state . The rule was initially approved by the Guardianship Standards Workgroup and adopted by the Supreme Court in August 2021 . Over the past couple years , the Guardianship Standards Workgroup and Joint Procedure Committee approved additional amendments to the rule , which were adopted on April 1 .
The primary purpose of Rule 11.8 is to authorize nonlawyer agents of a professional guardianship entity appointed under N . D . C . C . ch . 30.1-28 to prepare and file certain legal documents in uncontested guardianship proceedings . Rule 11.8 defines a professional guardian according to N . D . Sup . Ct . Admin . R . 59 . Administrative Rule 59 defines a “ professional guardian ” as “ an individual or entity that serves as guardian for three or more individuals at the same time , an individual or entity appointed to serve as a public guardian or administrator , or an individual or entity that holds itself out as providing guardianship services for hire .” Administrative Rule 59 also includes qualifications for entities proposing to serve as a professional guardian .
Subdivision ( b ) of Rule 11.8 allows a nonlawyer agent of a professional guardian entity to prepare and file legal documents in cases in which the entity has been appointed . A nonlawyer agent may file reports and motions on behalf of the entity in the following instances :
1 . Submitting beginning inventory reports , annual reports , final reports , and other routine reports required by statute or rule .
2 . Filing a motion for : -a change of venue to another North Dakota district court ; -termination of guardianship due to the ward ’ s death ; -discharge of the guardian and appointment of a successor professional guardian legal entity ; -approval of guardian compensation and reimbursement ; -leave for the guardian or ward to appear at a hearing by reliable electronic means ; or -a review hearing .
Subdivision ( c ) of the rule explicitly states if any guardianship proceeding in which the nonlawyer agent has filed a document or appeared becomes contested , the professional guardian entity must engage an attorney to represent the entity . The nonlawyer agent is no longer authorized to file documents or appear on behalf of the professional guardian entity .
Rule 11.8 represents an effort to streamline certain aspects of guardianship proceedings in the state . By allowing professional guardian entities to handle specific uncontested matters without an attorney , the rule potentially reduces costs and increases efficiency in guardianship cases . The rule also maintains safeguards by specifying the scope of a nonlawyer agent ’ s involvement in a guardianship proceeding and requiring attorney engagement if a proceeding becomes contested .
Recent Rule Changes and Developments
Administrative Order 33 , dealing with the use of face coverings during the COVID-19 pandemic , was repealed effective May 1 .
In July , the Joint Procedure Committee submitted proposed amendments to the Rules of Civil Procedure , the Rules of Criminal Procedure , the Rules of Evidence , the Rules of Appellate Procedure , the Rules of Court , the Administrative Rules , and the Rules of Juvenile Procedure to the North Dakota Supreme Court . The Court considered the proposed amendments at its September rulemaking meeting and issued a notice of comment , which expired on October 14 . Details on the approved amendments to the rules will be discussed in a future Gavel column .
The Supreme Court approved amendments to N . D . Sup . Ct . Admin . R . 60 ( Interdisciplinary Committee on Specialized Dockets ), effective October 1 . The amendments added three members to the interdisciplinary committee : a state ’ s attorney , a defense attorney , and a law enforcement officer . The chief justice will appoint the new members .
The link to access court rules is available on the North Dakota Supreme Court website , www . ndcourts . gov .
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