§551A-2 - Powers and duties.
§551A-2 Powers and duties. (a) The
public guardian shall serve as guardian, limited guardian, testamentary
guardian, or temporary guardian of an incapacitated person when so appointed by
the family court or by the circuit court under chapter 560. The public
guardian may file a petition for the public guardian's own appointment.
Petitions for public guardianship may also be filed by any person, agency, or
facility responsible for the support or care of individuals who:
(1) Are not able to understand or adequately
participate in decisions concerning their care; and
(2) Have no relatives or friends willing and able to
act as a guardian.
(b) The public guardian shall have the same
powers and duties as a private guardian.
(c) The public guardian shall assist the
court, as the court may request or direct, in proceedings for the appointment
of a guardian and in the supervision of persons, corporations, or agencies
which have been appointed as guardians.
(d) The public guardian shall advise and
assist persons, corporations, and agencies which are seeking appointment as a
guardian for an incapacitated person. The public guardian shall also provide
advice, information, and guidance to the persons, corporations, or agencies who
have been appointed as guardian to assist them in the discharge of their
duties.
(e) The public guardian may offer guidance and
counsel, without court appointment as guardian, to those persons who request
such assistance or to those on whose behalf it is requested for the purpose of
encouraging maximum self-reliance and independence of such persons and avoiding
the need for appointment of a guardian.
(f) The public guardian shall develop programs
of public education on guardianship and alternatives to guardianship and
encourage the development of private guardians able and willing to serve as
guardian. [L 1984, c 223, pt of §1; am L 1986, c 158, §1; am L 2004, c 161,
§20; am L 2005, c 22, §36]