Section 50-06.3-09 - Expenses chargeable against guardianship estate of patient - RestrictionsThe expenses chargeable by the state for the care and treatment of any patient at the state hospital must be charged against the guardianship estate of the patient, if the patient has an estate, subject to the following restrictions:
1. No part of the estate may be taken if the patient 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 patient except for the maintenance and support of the patient'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 patient was sent to the institution 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.If any real or personal property is sold pursuant to this section, the district court shall order the proceeds of the sale to be invested safely for the benefit of the patient or to be used for the support and maintenance of the patient's dependents or used to pay the costs of care and treatment of the patient.