§ 28-65-702 — Public Guardian for Adults - Appointment - Qualifications

(a) (1) The Office of Chief Counsel of the Department of Human Services or the Office of Chief Counsel's designee shall appoint an employee of the Office of Chief Counsel to serve as Public Guardian for Adults. (2) A prior authorized appointment of a public guardian by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall have continuing effect and be relied upon in regard to the public guardian's authority to act on behalf of the ward. (b) (1) In addition to the qualifications required under § 28-65-203 , the public guardian shall: (A) Hold a degree in law or social work or a related field; (B) Submit to a criminal background check with satisfactory results as prescribed by the Department of Human Services; (C) Attend and complete at least twenty (20) hours of training approved by the department; and (D) Demonstrate competency and ability to carry out the values of the ward. (2) The Public Guardian for Adults shall devote his or her entire time to the duties of the Office of Public Guardian for Adults. (c) The Public Guardian for Adults: (1) May consent or withhold consent to health and long-term care treatment; (2) Shall advocate for the ward; and (3) Shall be functionally separate from and share no duties with any department employee whose job it is to prepare and offer services or treatment plans, or both, to any person.

Legislative History

Amended by Act 2017, No. 913,§ 132, eff. 8/1/2017. Amended by Act 2015, No. 1203,§ 3, eff. 7/22/2015. Amended by Act 2015, No. 1203,§ 2, eff. 7/22/2015. Acts 2007, No. 862, § 4.