North Dakota Senate Bill SB2029

North Dakota 2025-2026 Regular Session

• Introduced: 1/7/25
• Refer: 1/7/25
• Report Pass: 2/6/25
• Refer: 2/7/25
• Report Pass: 2/20/25
• Engrossed: 2/24/25
• Refer: 2/25/25
• Report Pass: 4/3/25
• Refer: 4/4/25
• Report Pass: 4/17/25
• Enrolled: 5/1/25
• Passed: 5/2/25

Caption

AN ACT to create and enact a new subsection to section 30.1-28-07 and chapter 54-68 of the North Dakota Century Code, relating to an office of guardianship and conservatorship and the removal of a guardian; to amend and reenact section 30.1-29-15 and subsection 1 of section 50-24.1-07 of the North Dakota Century Code, relating to the removal of a conservator and the recovery of medical assistance expenses; to repeal chapter 27-27 and section 54-68-02.1 of the North Dakota Century Code, relating to the task force on guardianship monitoring and transition requirements; to provide a penalty; to provide for a report; to provide an appropriation; to provide a continuing appropriation; to provide for a transfer; and to provide an effective date.

Summary

SB 2029 creates a new Office of Guardianship and Conservatorship within North Dakota law and assigns it broad oversight, licensing, monitoring, and disciplinary authority over guardians and conservators. The office is structured with an operations committee, an executive director, investigation counsel, and a review board, and it is authorized to adopt rules, set ethical standards, license providers, require training, collect fees, and administer a support fund for guardianship and conservatorship services. The bill also establishes confidentiality rules, investigative powers, subpoena authority, immunity for good-faith reporting, and a process for appeals and sanctions. The bill further amends existing law to allow courts to place guardians and conservators removed for good cause on a registry that disqualifies them from future appointments, with an exception for licensed professionals as defined in the bill. It also revises Medicaid estate recovery provisions so that claims for medical assistance expenses can be paid from the estates of certain deceased recipients and their spouses, including those institutionalized or age 55 and older, and it creates preferred claims for funds expended under the new chapter. The measure repeals the prior guardianship monitoring task force and transition provisions, and it includes appropriations, transfers of existing funding and positions, and delayed effective dates for some enforcement provisions.

Impact

SB 2029 significantly restructures state oversight of guardianship and conservatorship by creating a centralized office with licensing, complaint, investigation, and disciplinary functions, while also establishing a registry for removed guardians and conservators. It changes the legal framework for who may provide guardianship or conservatorship services, imposes penalties for unauthorized practice, and gives the office authority to recover costs from estates through preferred claims. The bill also amends Medicaid estate recovery law and transfers existing appropriations and staff authority into the new office, while repealing the prior task force and related transition law.

Sentiment

The bill appears to have broad legislative support overall, but it was not unanimous in the Senate. The recorded votes show a close Senate second-reading vote early in the process, followed by much stronger support in both chambers on later readings, including near-unanimous House approval. That pattern suggests the bill became more acceptable as it moved through the process, likely after concerns were addressed or clarified.

Contention

The main points of contention likely centered on the scope of state oversight, the creation of a new bureaucracy, and the disciplinary and investigative powers granted to the office, including subpoena authority, closed review board meetings, and criminal penalties for improper disclosure or unauthorized practice. The estate-recovery provisions and preferred claims against estates may also have raised concerns for families, advocates for older adults, and those focused on Medicaid recovery. The close early Senate vote suggests some lawmakers were uneasy about the bill’s regulatory reach or fiscal implications, even though later votes were strongly favorable.