§333F-11  Director as guardian.  (a) Notwithstanding any law to the contrary, the family court may appoint thedirector as guardian of any person if the court finds that:

(1)  The person is an incapacitated person as definedin section 560:5-102;

(2)  The person is developmentally disabled ormentally retarded;

(3)  The person may reasonably be expected to needtreatment or care at any residential facility; and

(4)  There is no other suitable guardian including thepublic guardian as designated in chapter 551A able or willing to serve asguardian.

(b)  The director, if so appointed, shall haveall the powers and duties of a guardian duly appointed by the court; providedthat the director shall not be liable in damages for any tortious act committedby the person. [L 1987, c 341, pt of §2; am L 2004, c 161, §5; am L 2005, c 22,§19]