Current through the 2024 Regular Session
Section 93-20-314 - Special limitations on guardian's power(1) Unless authorized by the court by specific order, a guardian for an adult does not have the power to revoke or amend an advanced health-care directive or power of attorney for finances executed by the adult. If an advanced health-care directive is in effect, unless there is a court order to the contrary, a health-care decision of an agent takes precedence over that of the guardian and the guardian must cooperate with the agent to the extent feasible. If a power of attorney for finances is in effect, unless there is a court order to the contrary, a decision by the agent which the agent is authorized to make under the power of attorney for finances takes precedence over that of the guardian and the guardian must cooperate with the agent to the extent feasible.(2) A guardian for an adult may not initiate the commitment of the adult to a mental health facility except in accordance with the state's procedure for involuntary civil commitment.(3) A guardian for an adult may not restrict the ability of the adult to communicate, visit, or interact with others, including receiving visitors and making or receiving telephone calls, personal mail, or electronic communications, including through social media, or participating in social activities, unless: (a) Authorized by the court by specific order;(b) A protective order is in effect that limits contact between the adult and a person; or(c) The guardian has good cause to believe restriction is necessary because interaction with a specified person poses a risk of significant physical, psychological, or financial harm to the adult and the restriction is:(i) For a period of not more than seven (7) business days if the person has a family or pre-existing social relationship with the adult; or(ii) For a period of not more than sixty (60) days if the person does not have a family or pre-existing social relationship with the adult.Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.