36-564. Guardianship
A. Guardians for clients acting under the provisions of this chapter shall be
appointed pursuant to title 14, chapter 5, articles 1, 2, 3 and 6.
B. The department shall request the appointment of a guardian for minor clients
receiving services under the provisions of this chapter if no parent is willing and
competent to act, and shall request the appointment of a guardian for adult clients
receiving services under the provisions of this chapter if it appears that the
apppointment of a guardian would be in the client's best interests in accordance with
section 14-5304.
C. When no person or corporation is qualified and willing to act as guardian for a
client, the department shall notify the public fiduciary of the county where the client
is receiving services of the need for appointment of a guardian.
D. Guardianship or conservatorship for developmentally disabled persons shall be
utilized only as is necessary to promote the well-being of the individual, be designed to
encourage the development of maximum self-reliance and independence in the individual,
and shall be ordered only to the extent necessitated by the individual's actual mental,
physical and adaptive limitations.
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