§333F-11 Director as guardian. (a) Notwithstanding any law to the contrary, the family court may appoint the director as guardian of any person if the court finds that:
(1) The person is an incapacitated person as defined in section 560:5-102;
(2) The person is developmentally disabled or mentally retarded;
(3) The person may reasonably be expected to need treatment or care at any residential facility; and
(4) There is no other suitable guardian including the public guardian as designated in chapter 551A able or willing to serve as guardian.
(b) [2005 amendment retroactive to January 1, 2005. L 2005, c 22, §55(7).] The director, if so appointed, shall have all the powers and duties of a guardian duly appointed by the court; provided that the director shall not be liable in damages for any tortious act committed by the person. [L 1987, c 341, pt of §2; am L 2004, c 161, §5; am L 2005, c 22, §19]