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This entry was published on 2014-09-22
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SECTION 81.39
Guardian education requirements
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 81
§ 81.39 Guardian education requirements.

(a) Each incapacitated person is entitled to a guardian whom the court
finds to be sufficiently capable of performing the duties and exercising
the powers of a guardian necessary to protect the incapacitated person.

(b) Each person appointed by the court to be a guardian must complete
a training program approved by the chief administrator which covers:

1. the legal duties and responsibilities of the guardian;

2. the rights of the incapacitated person;

3. the available resources to aid the incapacitated person;

4. an orientation to medical terminology, particularly that related to
the diagnostic and assessment procedures used to characterize the extent
and reversibility of any impairment;

5. the preparation of annual reports, including financial accounting
for the property and financial resources of the incapacitated person.

(c) The court may, in its discretion, waive some or all of the
requirements of this section or impose additional requirements. In doing
so, the court shall consider the experience and education of the
guardian with respect to the training requirements of this section, the
duties and powers assigned to the guardian, and the needs of the
incapacitated person.