Article 5: PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Part 6: PUBLIC GUARDIAN AND CONSERVATOR
§5-608. Determination of need for guardianship of mentally retarded persons in institutions and residence facilities
Whenever a mentally retarded minor has been admitted to a state-operated institution or residence facility for the mentally retarded, and has not been discharged from the institution or residence facility, the head of the institution or residence facility shall, within 6 months prior to the 18th birthday of such mentally retarded person, cause the mentally retarded person to be examined to ascertain whether such person will, by reason of mental retardation, be in need of guardianship on attainment of the mentally retarded person's majority. If, in the opinion of the examiner such need will exist, the institutional or residence facility head may advise in writing the parent, next of kin, or guardian of such minor of the need to institute proceedings for appointment of a guardian. In the event no guardian has been appointed, or no guardianship proceedings are pending when such minor has attained age 18, or the institutional or residence facility head has determined that nomination of the public guardian is advisable in lieu of petition for guardianship by any of such persons, such institutional or residence facility head shall nominate the public guardian to serve as guardian of such mentally retarded person. [1995, c. 395, Pt. G, §20 (AFF); 1995, c. 395, Pt. G, §6 (AMD).]
Prior to release of any mentally retarded person from a state-operated institution or residence facility for the mentally retarded, the head of the institution or residence facility shall cause such person to be examined to ascertain whether such person will, by reason of mental retardation, be in need of guardianship upon release from such institution or residence facility, and if in the opinion of such examiner such need will exist upon release, the institutional or residence facility head may advise in writing the parent or next of kin of such mentally retarded person of the need to institute proceedings for appointment of a guardian. If neither the parent nor next of kin is willing to institute proceedings for the appointment of a guardian for such mentally retarded person, or the institutional or residence facility head has determined that nomination of the public guardian is advisable in lieu of petition for guardianship by any of such persons, the institutional or residence facility head shall, prior to the release of such mentally retarded person, nominate the public guardian. [1995, c. 395, Pt. G, §20 (AFF); 1995, c. 395, Pt. G, §6 (AMD).]
SECTION HISTORY
1979, c. 540, §1 (NEW). 1995, c. 395, §G20 (AFF). 1995, c. 395, §G6 (AMD).
Article 5: PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Part 6: PUBLIC GUARDIAN AND CONSERVATOR
§5-608. Determination of need for guardianship of mentally retarded persons in institutions and residence facilities
Whenever a mentally retarded minor has been admitted to a state-operated institution or residence facility for the mentally retarded, and has not been discharged from the institution or residence facility, the head of the institution or residence facility shall, within 6 months prior to the 18th birthday of such mentally retarded person, cause the mentally retarded person to be examined to ascertain whether such person will, by reason of mental retardation, be in need of guardianship on attainment of the mentally retarded person's majority. If, in the opinion of the examiner such need will exist, the institutional or residence facility head may advise in writing the parent, next of kin, or guardian of such minor of the need to institute proceedings for appointment of a guardian. In the event no guardian has been appointed, or no guardianship proceedings are pending when such minor has attained age 18, or the institutional or residence facility head has determined that nomination of the public guardian is advisable in lieu of petition for guardianship by any of such persons, such institutional or residence facility head shall nominate the public guardian to serve as guardian of such mentally retarded person. [1995, c. 395, Pt. G, §20 (AFF); 1995, c. 395, Pt. G, §6 (AMD).]
Prior to release of any mentally retarded person from a state-operated institution or residence facility for the mentally retarded, the head of the institution or residence facility shall cause such person to be examined to ascertain whether such person will, by reason of mental retardation, be in need of guardianship upon release from such institution or residence facility, and if in the opinion of such examiner such need will exist upon release, the institutional or residence facility head may advise in writing the parent or next of kin of such mentally retarded person of the need to institute proceedings for appointment of a guardian. If neither the parent nor next of kin is willing to institute proceedings for the appointment of a guardian for such mentally retarded person, or the institutional or residence facility head has determined that nomination of the public guardian is advisable in lieu of petition for guardianship by any of such persons, the institutional or residence facility head shall, prior to the release of such mentally retarded person, nominate the public guardian. [1995, c. 395, Pt. G, §20 (AFF); 1995, c. 395, Pt. G, §6 (AMD).]
SECTION HISTORY
1979, c. 540, §1 (NEW). 1995, c. 395, §G20 (AFF). 1995, c. 395, §G6 (AMD).
Article 5: PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Part 6: PUBLIC GUARDIAN AND CONSERVATOR
§5-608. Determination of need for guardianship of mentally retarded persons in institutions and residence facilities
Whenever a mentally retarded minor has been admitted to a state-operated institution or residence facility for the mentally retarded, and has not been discharged from the institution or residence facility, the head of the institution or residence facility shall, within 6 months prior to the 18th birthday of such mentally retarded person, cause the mentally retarded person to be examined to ascertain whether such person will, by reason of mental retardation, be in need of guardianship on attainment of the mentally retarded person's majority. If, in the opinion of the examiner such need will exist, the institutional or residence facility head may advise in writing the parent, next of kin, or guardian of such minor of the need to institute proceedings for appointment of a guardian. In the event no guardian has been appointed, or no guardianship proceedings are pending when such minor has attained age 18, or the institutional or residence facility head has determined that nomination of the public guardian is advisable in lieu of petition for guardianship by any of such persons, such institutional or residence facility head shall nominate the public guardian to serve as guardian of such mentally retarded person. [1995, c. 395, Pt. G, §20 (AFF); 1995, c. 395, Pt. G, §6 (AMD).]
Prior to release of any mentally retarded person from a state-operated institution or residence facility for the mentally retarded, the head of the institution or residence facility shall cause such person to be examined to ascertain whether such person will, by reason of mental retardation, be in need of guardianship upon release from such institution or residence facility, and if in the opinion of such examiner such need will exist upon release, the institutional or residence facility head may advise in writing the parent or next of kin of such mentally retarded person of the need to institute proceedings for appointment of a guardian. If neither the parent nor next of kin is willing to institute proceedings for the appointment of a guardian for such mentally retarded person, or the institutional or residence facility head has determined that nomination of the public guardian is advisable in lieu of petition for guardianship by any of such persons, the institutional or residence facility head shall, prior to the release of such mentally retarded person, nominate the public guardian. [1995, c. 395, Pt. G, §20 (AFF); 1995, c. 395, Pt. G, §6 (AMD).]
SECTION HISTORY
1979, c. 540, §1 (NEW). 1995, c. 395, §G20 (AFF). 1995, c. 395, §G6 (AMD).
