Office of Public Guardian; Establishment; Appointment

There is hereby established within the government of Guam an Office of Public Guardian (Office). The Public Guardian of the Office is the head of the Office. The Chief Justice shall appoint the Public Guardian, who shall serve at the Chief Justice’s pleasure.

(a)Powers and Duties.

(1)The Public Guardian shall serve as guardian, limited guardian, testamentary guardian or temporary guardian of the person and/or estate of an elderly or mentally incapacitated individual when so appointed by the Family Court under Chapter 1 of Appendix C of Title 7 of the Guam Code Annotated. The Public Guardian shall file a petition for the Public Guardian's own appointment. Petitions for public guardianship may also be filed by any person, agency, of facility responsible for the support or care of individuals who:

(A)are not able to understand or adequately participate in decisions concerning their care; and

(B)have no relatives or friends willing and able to act as guardian.

(2)The Public Guardian shall have the same powers and duties as a private guardian.

(3)The Public Guardian shall assist the Court, as the Court may request or direct, in proceedings for the appointment of a guardian of the person and in the supervision of persons, corporations or agencies which have been appointed as guardians of the person.

(4)The Public Guardian shall advise and assist persons, corporations, and agencies which are seeking appointment as a guardian for an incapacitated person. The Public Guardian shall also provide advice, information and guidance to the persons, corporations or agencies who have been appointed as guardian of the person to assist them in the discharge of their duties.

(5)The Public Guardian may offer guidance and counsel, without court appointment as guardian, to those persons who request such assistance or to those on whose behalf it is requested for the purpose of encouraging maximum self-reliance and independence of such persons, and avoiding the need for appointment of a guardian.

(6)The Public Guardian shall develop programs of public education on guardianship and alternatives to guardianship and encourage the development of private guardians able and willing to serve as guardian for the person.

(b)Public Guardianship Review Board. Persons, corporations and/or agencies appointed guardians shall be consistently monitored through a Public Guardianship Review Board. Every six

(6)months, the Board shall review the care and protection of those persons who are under guardianship by the Office of the Public Guardian. The review Board may review cases before the six

(6)month period upon the request of the majority of the members of the Board. This review Board shall consist of eleven

(11)members:

(1)one

(1)social worker appointed by the Director of the Department of Public Health and Social Services;

(2)one

(1)physician appointed by the Administrator of the Guam Memorial Hospital Authority;

(3)one

(1)nurse appointed by the Director of the Department of Public Health and Social Services; CH. 3 SUPREME COURT OF GUAM

(4)one

(1)representative of the Guam Council on Senior Citizens;

(5)one

(1)representative from a local nonprofit social service organization providing service to those with developmental disabilities, appointed by the Speaker of I Liheslaturan Guåhan;

(6)one

(1)attorney appointed by the Guam Bar Association;

(7)one

(1)representative from a local nonprofit social service organization providing services to the youth, appointed by the Speaker of I Liheslaturan Guåhan; and

(8)three

(3)members of the community at large appointed by the Speaker of I Liheslaturan Guåhan.

(9)one

(1)psychiatrist appointed by the Director of the Guam Behavioral Health and Wellness Center.

(c)When Not Appointed. The Public Guardian shall not be appointed if another suitable guardian is available and willing to accept the guardianship appointment, unless the Court finds that the best interests of the ward would be better served by the appointment of the Public Guardian.

(d)Court Costs. In any proceeding for appointment of a Public Guardian, the Court may waive any court cost or filing fee.

(e)Fees of Services; When Not Allowed. The Public Guardian may receive such reasonable fees for services as a public guardian as the Court allows.

(1)No fees shall be allowed which would unreasonably diminish the ward's estates so as to endanger the ward's financial independence, and no fees shall be allowed when the ward's primary source of support derives from public funds.

(2)Any fees received under this Section by the Public Guardian shall be deposited into the Public Guardian Fund.

(3)No fees shall accrue to the individual benefit of the Public Guardian.

(f)Rules. The Public Guardian shall develop rules and regulations in compliance with the Administrative Adjudication Law.

(g)Annual Report. The Public Guardian shall prepare and submit an annual report to the Chief Justice, and render such other reports as the Chief Justice may from time to time require.

(h)Funding. Funding for the Office of the Public Guardian shall be included in the budget of the Judiciary.

(i)Contracts. The Public Guardian may make and enter into contracts, and generally do all such things as in the Public Guardian’s judgment may be necessary, proper and expedient in accomplishing the Public Guardian’s duties.

(j)Volunteers Authorized. The Public Guardian is authorized to solicit and accept services of individuals and organizations on a voluntary basis in its programs in a carefully planned and supervised manner.

(k)Withholding Consent to Waiver of Sovereign Immunity. Notwithstanding anything in Guam law to the contrary, in accordance with § 1421a of the Organic Act of Guam, I Liheslaturan Guåhan therein declines to waive sovereign immunity as to the Office of the Public Guardian and the Supreme Court of Guam for any tort arising out of or committed under the voluntary program as set out in 7 GCA § 3112 (j). CH. 3 SUPREME COURT OF GUAM

(l)Solicitation of Money Permitted. The office of the Public Guardian may solicit and accept voluntary charitable monetary donations and may apply for and accept public or private grants it may be eligible to receive. All expenditures for solicitation of or application for such donations or grants shall be prudent and reasonable.

(m)Fund Created. There is hereby created, separate and apart from other funds of the government of Guam, a fund known as the “Public Guardian Fund” (Fund). The Fund shall not be commingled with any other fund and shall be deposited into a separate account. All fees, charitable monetary donations, and public and private grants collected pursuant to this § 3112 shall be deposited into the Fund and it shall be administered by the Public Guardian. The Fund shall be used for the purpose of the administration and operation of the Office of the Public Guardian. The Public Guardian shall make an annual report to the Chief Justice of the Supreme Court of Guam and I Liheslaturan Guåhan of the condition of, and activity within, the Fund.