The Supreme Court of the State of North Dakota ruled that a lower court properly rejected a preference expressed by an incapacitated person for the appointment of a guardian when the incapacitated person could not provide the basis for the expressed preference. In the Matter of B.K.J, an Incapacitated Person, 2015 ND 191 (Docket No… read more →

In re S.H. was a contested guardianship litigation centering on who should be appointed guardian for S.H., a twenty-eight year old incapacitated woman. S.H. had lived with her mother, who “dutifully and selflessly cared for” S.H. her entire life. However, S.H.’s sister opposed their mother’s appointment , based upon the actions of the mother’s live-in boyfriend… read more →

This was a contested guardianship case involving S.H., called “Sarah” by the court, a 28 year old incapacitated woman. The principal issue in the case was whether Sarah’s guardian should be her mother, B.H. (Barbara), who filed the guardianship action, or J.H. (Joan), Sarah’s adult sister. Joining Joan in opposing Barbara’s appointment were: Barbara’s ex-husband,.. read more →