§5-701. Public guardians and conservators; general 1. Appointment of public guardian or conservator. In any case in which a guardian or conservator may be appointed by the court under this Article, the court may appoint a public guardian or conservator as provided in this Part for persons who are in need of protective services. […]
§5-702. Priority of private guardian or conservator A public guardian or conservator may not be appointed if the court determines that a suitable private guardian or conservator is available and willing to assume the responsibilities of a guardian or conservator. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, […]
§5-703. Exclusiveness of public guardian or conservator When the court has appointed a public guardian under this Part, no coguardian may be appointed for the same individual subject to guardianship. When the court has appointed a public conservator under this Part, a coconservator may not be appointed for the same individual subject to conservatorship. […]
§5-704. Nomination of public guardian or conservator 1. Nomination of public guardian. Any person who is eligible to petition for appointment of a guardian under section 5‑302, subsection 1, including the commissioner of any state department, the head of any state institution, the board of overseers and the welfare director or health officer of any […]
§5-705. Acceptance by public guardian or conservator; plan Prior to the appointment of a public guardian or conservator, the appropriate agency nominated shall accept or reject the nomination in writing within 30 days of its receipt of notification that it has been nominated and if the nomination is accepted shall file a plan under section […]
§5-706. Officials authorized to act as public guardian or conservator 1. Commissioner of Health and Human Services. When the Department of Health and Human Services is appointed public guardian or conservator of a person, the authority of the public guardian or conservator must be exercised by the Commissioner of Health and Human Services and by […]
§5-707. Duties and powers of a public guardian or conservator A public guardian or conservator has the same powers, rights and duties respecting the individual subject to guardianship or the individual subject to conservatorship as provided for guardians and conservators by the other Parts of this Article except as otherwise specifically provided in this Part, […]
§5-708. No change in rights to services The appointment of a public guardian or conservator in no way enlarges or diminishes the individual subject to guardianship’s or protected person’s right to services made available to all persons in need of service or protection in the State except for the provision of guardianship or conservatorship services […]
§5-709. No change in powers and duties of agency heads and trustees Nothing in this Article abrogates any other powers or duties vested by law in the head of any public institution, or vested by the settlor of a trust in the trustee thereof, for the benefit of any individual subject to guardianship or protected […]
§5-710. Bond not required The public guardian or conservator is not required to file bonds in individual guardianships or conservatorships. [PL 2021, c. 398, Pt. KK, §3 (AMD).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF). […]
§5-711. Compensation 1. Reasonable expenses; account for costs. The public guardian or conservator may receive such reasonable amounts for its expenses as guardian or conservator as the Probate Court may allow. The amounts so allowed must be allocated to an account from which may be drawn expenses for filing fees, court costs and other expenses […]
§5-712. Individuals subject to guardianship; guardian ad litem costs 1. Guardian ad litem, other special costs. The costs of the guardian ad litem or any other special costs may be paid by the Department of Health and Human Services, within the limits of the department’s budget, when: A. A person is in need of […]
§5-713. Limited public guardianships The provisions of Parts 2 and 3 regarding limited guardianships apply to the appointment of public guardians. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 […]
