Rule 11.8 Limited Professional Guardian Practice

(a) Purpose. The purpose of this rule is to authorize nonlawyer agents of a professional guardianship entity to prepare and file legal documents in guardianship proceedings. A professional guardian is defined by N.D. Sup. Ct. Admin. R. 59.

(b) Scope of practice authorized. A nonlawyer agent of a professional guardian legal entity may prepare and file legal documents or appear on behalf of the professional guardian legal 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) a change of venue to another state district court in North Dakota;

(B) termination of guardianship due to death of ward;

(C) discharge of guardian and appointment of a successor professional guardian legal entity;

(D) approval of guardian compensation and reimbursement;

(E) leave to appear, or for the ward to appear, at a hearing by reliable electronic means; or

(F) a review hearing.

A nonlawyer agent of a professional guardian legal entity may only prepare and file legal documents for cases in which the professional guardian legal entity has been appointed.

(c) Contested proceedings. If a proceeding identified in subdivision (b) becomes contested, the professional guardian legal entity must engage an attorney to represent the professional guardian legal entity.