How Do I Name a Guardian for My Minor Children in North Dakota?

See how a parent names a guardian for their minor children in North Dakota, what weight the court gives your choice, and your options for temporary care.

Frequently Asked Questions

In North Dakota, a parent names a guardian for a minor child in a will (N.D.C.C. § 30.1-27-02 (5-202); will execution § 30.1-08-02, self-proved § 30.1-08-04). It needs your signature and 2 witnesses or a notary. You can record it alongside the rest of your estate plan when you create a revocable living trust.

When a parent has named a guardian, the nomination is one factor the court weighs in deciding the child's best interest (N.D.C.C. § 30.1-27-02 (5-202); will execution § 30.1-08-02, self-proved § 30.1-08-04).

No. In North Dakota, a guardian is named in your will or the guardianship petition, not a standalone declaration.

Yes. North Dakota allows a Delegation of Powers by Parent or Guardian (power of attorney) (N.D.C.C. § 30.1-26-04 (5-104)): any adult can be authorized for a limited time (up to 6 months) without transferring custody.

In North Dakota, the court weighs the preference of a child old enough to form one (N.D.C.C. §§ 30.1-27-06(3), 30.1-27-07 (former § 30.1-27-03 repealed by S.L. 2019, ch. 274, § 9)).

North Dakota uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (N.D.C.C. §§ 30.1-27-02, 30.1-27-06, 30.1-27-07)

North Dakota Estate Planning Resources

In-depth guides covering North Dakota probate laws, trust requirements, and estate planning strategies.