1. (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. (1) The person is an incapacitated person as defined in section 560:5-102;
   2. (2) The person is developmentally or intellectually disabled;
   3. (3) The person may reasonably be expected to need treatment or care at any residential facility; and
   4. (4) There is no other suitable guardian including the public guardian as designated in chapter 551A who is able or willing to serve as guardian.
2. (b) 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; am L 2011, c 220, §3]