North Dakota Supreme Court
Guardianship and Conservatorship of K.H.P.
October 10, 20242024 ND 189
Summary
The North Dakota Supreme Court reversed the denial of K.H.P.'s petition to terminate his limited guardianship and ordered the guardianship terminated. The court held that K.H.P. established a prima facie case that he was no longer incapacitated, that the district court lacked statutory authority to reappoint an expert examiner in the termination and review proceedings, and that the remaining admissible evidence did not clearly and convincingly establish continuing incapacity.