29-10-3. Qualifications and requirements; training.

To be eligible to serve as a public guardian, an individual must:#

1. (1)

   Be at least 18 years of age;#

2. (2)

   Submit to a criminal background check with satisfactory results as prescribed by the Division of Aging Services of the Department of Human Services;#

3. (3)

   Submit to an investigation of the individual’s credit history as prescribed by the Division of Aging Services of the Department of Human Services;#

4. (4)

   Attend and complete at least 20 hours of training approved by the Division of Aging Services of the Department of Human Services, including but not limited to training conducted by such division, a professional association, or by the probate court;#

5. (5)

   Demonstrate competency, education, and experience in guardianships, social work, or case management; and fiduciary integrity to perform the duties of a public guardian;#

6. (6)

   Demonstrate competency and ability to carry out the values of the ward; and#

7. (7)

   Agree to abide by the provisions of this chapter and to serve when appointed as public guardian without the ability to decline, except as provided for in Chapter 4 of this title.#

To be eligible to serve as a public guardian, an entity must:#

1. (1)

   Maintain an appropriate level of liability insurance covering all employees and agents who will have direct contact with a ward in an amount or amounts approved by the probate court;#

2. (2)

   Maintain a record for each employee and agent who will have direct contact with a ward and ensure that each such employee and agent submits to and meets the requirements of subsection (a) of this Code section;#

3. (3)

   Submit to an investigation of the entity’s financial records; and#

4. (4)

   Agree to abide by the provisions of this chapter and to serve when appointed as public guardian without the ability to decline, except as provided for in Chapter 4 of this title.#

An individual or entity shall submit all required documentation as specified by the probate court to show that such individual or entity and such entity’s employees and agents meet the requirements of this Code section.#

After completion of the initial training, a public guardian or employee or agent of a public guardian who will have direct contact with a ward, if an entity, must complete at least 20 additional hours of training every two years. The initial and subsequent training shall include, but not be limited to, instruction in:#

1. (1)

   Basic principles of guardianship;#

2. (2)

   Rights of the ward;#

3. (3)

   Alternatives to guardianship;#

4. (4)

   Court procedures;#

5. (5)

   Legal duties, responsibilities, and roles of guardians;#

6. (6)

   Fiduciary responsibilities, record keeping, reporting, administrative duties, intake process, and planning;#

7. (7)

   Availability of resources, public benefits, and social services;#

8. (8)

   Health care and end-of-life planning;#

9. (9)

   Mental, developmental, and physical disabilities;#

10. (10)

    Communications;#

11. (11)

    Case management; and#

12. (12)

    Property management.#

Any costs incurred by a public guardian to comply with these requirements shall be at the expense of the individual or private entity and shall not be paid with the assets of any ward.#