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



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



(2)  The person is developmentally disabled or
mentally retarded;



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



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



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