§ 9310. Powers of Commissioner as guardian

(a) The court may appoint the Commissioner guardian of the respondent if it determines that a guardian is needed to supervise and protect the respondent through the exercise of any or all of the following powers:

(1) The power to exercise general supervision over the respondent. This includes choosing or changing the residence, care, habilitation, education, and employment of the respondent and the power to approve or withhold approval of the sale or encumbrance of real property of the respondent;

(2) The power to approve or withhold approval of any contract, by or in the name of the respondent;

(3) The power to obtain legal advice and to commence or defend against judicial actions in the name of the respondent;

(4) The power to seek, obtain, and give consent to initiation and continuation of medical and dental treatment that best promotes the health, comfort, and well-being of the respondent, or to withhold consent for initiation or continuation of treatment which does not promote the health or well-being of the respondent. In exercising this power, the Commissioner shall be guided by the wishes and preferences of the individual. Any decision to withhold or abate medical treatment for an irreversible or terminal condition shall be reviewed by the Department's ethics committee. Nothing in this chapter shall be interpreted as giving the Commissioner authority to consent to sterilization, lobotomy, involuntary administration of psychotropic medications, surgery of the brain for the purpose of modifying behavior, or electroconvulsive therapy for the respondent.

(b) Nothing in this chapter shall give the Commissioner authority to place a person with developmental disabilities in a State hospital except pursuant to chapter 181 of this title.

(c) The Commissioner shall exercise his or her supervisory authority over the respondent in a manner which is least restrictive of the person's personal freedom consistent with the respondent's need for supervision and protection. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 2001, No. 43, § 1.)