Section 25-04-15 - Expenses chargeable against guardianship estate of individual served - RestrictionsThe expenses chargeable by the state for the care and treatment of any individual served over twenty-one years of age at the life skills and transition center must be charged against the guardianship estate of such individual, if the individual has such an estate, subject to the following restrictions:
1. No part of the estate may be taken for such purpose if the individual has dependents within the United States dependent upon the estate for support and the taking of all or a portion of the estate would result in undue hardship to those dependents.2. No real property belonging to the estate may be sold during the lifetime of the individual served except for the maintenance and support of the individual served's dependents, unless it is shown that the sale of the property will not result in undue hardship to those dependents, and it may be sold only upon the order of the district court having jurisdiction of the estate, with the consent of the department.3. No personal property belonging to the estate may be sold within five years from the date upon which the individual was sent to the life skills and transition center unless the property is ordered sold by the district court having jurisdiction of the estate for the reason that the property is likely to deteriorate in value during the time herein specified.4. No claim may be made to recover from the estate of a former individual served of the life skills and transition center who has left the life skills and transition center and married and leaves a spouse or issue dependent upon such estate.Amended by S.L. 2023 , ch. 271( SB 2052 ), § 17, eff. 8/1/2023.Amended by S.L. 2021 , ch. 352( HB 1247 ), § 298, eff. 9/1/2022.