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North Dakota law

Elder Laws in North Dakota.

North Dakota elder law covers Medicaid long-term care planning, powers of attorney, advance directives, guardianships and conservatorships through the District Court, nursing home resident rights, and Adult Protective Services. North Dakota follows the federal 60-month Medicaid lookback. The state operates a robust Adult Protective Services program through the Department of Health and Human Services. North Dakota has a combined Health Care Directive form (living will + healthcare proxy).

Last verified: 2026-04-17

State law

Key North Dakota Statutes

Guardianship and ConservatorshipN.D. Cent. Code Chapter 30.1-26 et seq. (part of UPC)

North Dakota has adopted the UPC guardianship and conservatorship provisions. Both require judicial finding of incapacity. Annual reporting required.

Uniform Power of Attorney ActN.D. Cent. Code Chapter 30.1-30 et seq.

North Dakota has adopted the Uniform Power of Attorney Act (2018). Powers may be durable and continue through principal's incapacity.

Health Care DirectiveN.D. Cent. Code Chapter 23-06.5

Authorizes a combined Health Care Directive (living will and health care proxy/power of attorney). Statutory form available.

Medicaid Long-Term Care42 U.S.C. § 1396p; N.D. HHS rules

Federal 60-month lookback on asset transfers. North Dakota administers Medicaid through the Department of Health and Human Services.

Adult Protective ServicesN.D. Cent. Code Chapter 50-25.2

APS investigates reports of abuse, neglect, and exploitation of vulnerable adults. Certain professionals are mandated reporters.

Financial Exploitation of Elderly AdultsN.D. Cent. Code § 12.1-31-07

Criminal statute penalizing financial exploitation of elderly or vulnerable adults. Felony penalties escalate based on amount taken.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in North Dakota.

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