§ 33-15-8.1 - Temporary guardianship for specific purpose.

SECTION 33-15-8.1

   § 33-15-8.1  Temporary guardianship forspecific purpose. – If it is established in a proper proceeding that a basis exists for theappointment of a limited guardian or guardian as described in § 35-15-5,the court may appoint a temporary limited guardian for the specific purpose ofauthorizing, directing, or ratifying any transaction necessary or desirable foradmission to a nursing facility, including, but not limited to, enrolling theprotected person in the medicaid or general public assistance programs, inthose instances where the nursing facility requires a limited guardian and theadmission is in the best interest of the protected person. Prior to appointinga temporary limited guardian pursuant to this section, the court shall firstmake the following findings of fact:

   (1) That there exists a need for a limited guardian;

   (2) That no person is available to serve as full timeguardian;

   (3) That no financial resources are available for theprotected person's use and care; and

   (4) That it is necessary for proper care and treatment, thatthe protected person be moved to a nursing facility. The court may accept theresignation of the temporary limited guardian after the protected person hasbeen admitted to the nursing facility and has been enrolled in the medicaid orgeneral public assistance programs, if applicable.