§560:5-316 - Rights and immunities of guardian; limitations.
§560:5-316 Rights and immunities of
guardian; limitations. (a) A guardian shall be entitled to such
reasonable compensation from the ward's estate for services as guardian and to
reimbursement for room, board, and clothing provided to the ward, as is approved
by order of the court.
(b) A guardian is not:
(1) Legally obligated to use the guardian's personal
funds for the ward's expenses;
(2) Unless otherwise provided in the contract,
individually liable on a contract properly entered into in the guardian's
representative capacity in the exercise of the duties and powers as guardian
unless the guardian fails to reveal the guardian's capacity and the identity of
the ward in the contract;
(3) Personally liable to a third person for acts of
the ward solely by reason of the relationship; and
(4) Liable for injury to the ward resulting from the
wrongful conduct of a third party that provides medical or other care,
treatment, or service to the ward, if the guardian exercised reasonable care in
choosing the third party.
(c) A guardian, without authorization of the
court, may not revoke any health care directions set forth in any medical
directive or health care power of attorney of which the ward is the principal.
However, the appointment of a guardian automatically terminates the authority
of any agent designated in the medical directive or health care power of
attorney.
(d) A guardian shall not initiate the
commitment of a ward to a mental health-care institution except in accordance
with the State's procedure for involuntary civil commitment. [L 2004, c 161, pt
of §1]