§ 9-20-120 - Duties and responsibilities of custodian.
9-20-120. Duties and responsibilities of custodian.
(a) (1) If the probate division of circuit court appoints the Department of Human Services as the legal custodian of a maltreated adult, the department shall:
(A) Secure care and maintenance for the person;
(B) Honor any advance directives, such as living wills, if the legal documents were executed in conformity with applicable laws; and
(C) Find a person to be guardian of the estate of the adult if a guardian of the estate is needed.
(2) If the court appoints the department as the legal custodian of a maltreated adult, the department may:
(A) Consent to medical care for the adult;
(B) Obtain physical or psychological evaluations; and
(C) Obtain medical, financial, and other records of the adult.
(b) The department as custodian shall not make any of the following decisions without receiving express court approval:
(1) Consent to abortion, sterilization, psychosurgery, or removal of bodily organs unless a procedure is necessary in a situation threatening the life of the maltreated adult;
(2) Consent to withholding life-saving treatment;
(3) Authorize experimental medical procedures;
(4) Authorize termination of parental rights;
(5) Prohibit the adult from voting;
(6) Prohibit the adult from obtaining a driver's license;
(7) Consent to a settlement or compromise of any claim by or against the adult or his or her estate;
(8) Consent to the liquidation of assets of the adult through such activities as an estate sale;
(9) Amputation of any part of the body; or
(10) Consent to withholding life-sustaining treatment.
(c) (1) Upon the death of a person in the custody of the department, the department shall abide by a prior arrangement made by the person for the disposition of the person's body.
(2) If prior arrangements were not made:
(A) The department may request the court to grant authority to the department to use funds or resources of the deceased person as to disposition of the body; or
(B) Upon consent from the person's closest family member or after notice and the opportunity to be heard by the court, the department may consent to donate the person's body to medical science.
(3) The department is not responsible for any costs related to disposition of the person's body.