18-A §5-606. Officials authorized to act as public guardian or conservator
Title 18-A: PROBATE CODE
Article 5: PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Part 6: PUBLIC GUARDIAN AND CONSERVATOR
§5-606. Officials authorized to act as public guardian or conservator
(a). When the Department of Health and Human Services is appointed public guardian or conservator of a person with mental retardation, the authority of the public guardian or conservator must be exercised by the Commissioner of Health and Human Services and by any persons duly delegated by the commissioner to exercise such authority.
[ 1995, c. 560, Pt. K, §5 (AMD); 1995, c. 560, Pt. K, §83 (AFF); 2001, c. 354, §3 (AMD); 2003, c. 689, Pt. B, §§6, 7 (REV) .]
(b). When the Department of Health and Human Services is appointed public guardian or conservator of an incapacitated person, the authority of the public guardian or conservator shall be exercised by the Commissioner of Health and Human Services and by any persons duly delegated by him to exercise such authority.
[ 1979, c. 540, §1 (NEW); 2003, c. 689, Pt. B, §§6,7 (REV) .]
(c). Persons duly delegated by the officials authorized to act under subsections (a) and (b) may include a staff of competent social workers, or competent social workers assigned to the public guardian or conservator by the Department of Health and Human Services. In the event that the delegation is to an individual, such individual must be qualified therefor by reason of education or experience, or both, in administering to the needs of the individual or individuals over whom the individual is to exercise administrative or supervisory authority under the public guardian.
[ RR 2003, c. 2, §29 (COR) .]
SECTION HISTORY
1979, c. 540, §1 (NEW). 1981, c. 493, §2 (AMD). 1985, c. 437, §1 (AMD). 1993, c. 410, §CCC5 (AMD). 1995, c. 560, §§K5,82 (AMD). 1995, c. 560, §K83 (AFF). 2001, c. 354, §3 (AMD). RR 2003, c. 2, §29 (COR). 2003, c. 689, §§B6,7 (REV).