g) exercise the other powers and perform other duties that are specified in
the order.- Qualification of Guardians
Guardians, whether court appointed or appointed by the PGT, are not expected
to have any particular qualifications or experience relevant to managing the
property or personal care of another person. Guardians are provided with little if
any training or guidance as to how to carry out the rather broad powers they are
given.^25 Individuals may have a wide range of erroneous ideas about the nature
and extent of a guardian’s functions or how their responsibilities are to be
exercised. Little is done by either the Court or the PGT to dispel these
misinformation or assumptions. Guardians are, for the most part, simply left to
act as they see fit with little guidance. When combined with the fact that once
appointed, there are few if any effective checks on a guardian’s actions, this
means that many ‘incapable’ people are left with little in the way of effective
protection against a negligent, abusive or misinformed guardian.
D. Does the Client Have an Attorney or Guardian?At times a person seeking legal advice may not be certain whether they have an
SDM or not. Although the law requires that individuals be given notice of a finding
of incapacity, the imposition of a guardianship or the scheduling of a hearing at
Superior Court to consider the appointment of a guardian, and guardians are
required to communicate with the person under their guardianship, some
individuals, nevertheless, remain unclear about their capacity status.
If a person is under the guardianship of the Office of the Public Guardian and
Trustee, the statutory guardianship of a family member appointed by the PGT, or
(^25) The Office of the Public Guardian and Trustee offers a series of information sheets on their
website.