Probate & Trust Law Section Conference Manual ... - Minnesota CLE

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North Dakota has two (2) pooled third-party special needs
trusts offered (both offer a waiver of fees with a $100
seeded subaccount):
• Guardian, Fiduciary & Advocacy Services, Inc.
• Guardian & Protective Services, Inc.
E. Guardianship and Conservatorship Differences.
1. The Court-appointed attorney is only a guardian ad litem, and cannot act
as an advocate for the proposed ward/conservatee. If the proposed
ward/conservatee wants an attorney advocate, he or she needs to hire one.
2. A physician’s report is required, in addition to the visitor’s report.
3. There is no requirement for a guardian to give notice of intent to dispose
of personal property.
4. Despite N.D.C.C. § 30.1-29-11 stating “. . .the court shall require a
conservator to furnish a bond . . . ,” in reality bond is rarely ordered.
5. No requirement for fingerprinting or background checks.
6. No requirements to petition for the sale of property, to report the sale or to
obtain an order for sale.
7. North Dakota adopted the Uniform Adult Guardianship and Protective
Proceedings Jurisdiction Act.
III.
North Dakota Medicaid
A. North Dakota Medicaid (MA) Manual Section 510-05-35-85(8) explains the two
(2) year residency reciprocity agreement between North Dakota and Minnesota
for Medicaid coverage.
B. Community spouse asset allowance figures are at North Dakota MA Manual
Section 510-05-65-20.
2013 community spouseasset allowance: not less than $23,184
not more than $115,920
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