Guam § 3112 - Office of Public Guardian; Establishment; Appointment.

§ 3112. Office of Public Guardian; Establishment; Appointment.

There is hereby established within the government of Guam an Office of Public Guardian (Office).

The Public Guardian of the Office is the head of the Office. The Chief Justice shall appoint the Public

Guardian, who shall serve at the Chief Justice’s pleasure.

(a) Powers and Duties.

(1) The Public Guardian shall serve as guardian, limited guardian, testamentary guardian or

temporary guardian of the person and/or estate of an elderly or mentally incapacitated individual

when so appointed by the Family Court under Chapter 1 of Appendix C of Title 7 of the Guam

Code Annotated. The Public Guardian shall file a petition for the Public Guardian's own

appointment. Petitions for public guardianship may also be filed by any person, agency, of facility

responsible for the support or care of individuals who:

(A) are not able to understand or adequately participate in decisions concerning their

care; and

(B) have no relatives or friends willing and able to act as guardian.

(2) The Public Guardian shall have the same powers and duties as a private guardian.

(3) The Public Guardian shall assist the Court, as the Court may request or direct, in

proceedings for the appointment of a guardian of the person and in the supervision of persons,

corporations or agencies which have been appointed as guardians of the person.

(4) The Public Guardian shall advise and assist persons, corporations, and agencies which

are seeking appointment as a guardian for an incapacitated person. The Public Guardian shall also

provide advice, information and guidance to the persons, corporations or agencies who have been

appointed as guardian of the person to assist them in the discharge of their duties.

(5) The Public Guardian may offer guidance and counsel, without court appointment as

guardian, to those persons who request such assistance or to those on whose behalf it is requested

for the purpose of encouraging maximum self-reliance and independence of such persons, and

avoiding the need for appointment of a guardian.

(6) The Public Guardian shall develop programs of public education on guardianship and

alternatives to guardianship and encourage the development of private guardians able and willing

to serve as guardian for the person.

(b) Public Guardianship Review Board. Persons, corporations and/or agencies appointed

guardians shall be consistently monitored through a Public Guardianship Review Board. Every six (6)

months, the Board shall review the care and protection of those persons who are under guardianship

by the Office of the Public Guardian. The review Board may review cases before the six (6) month

period upon the request of the majority of the members of the Board. This review Board shall consist

of eleven (11) members:

(1) one (1) social worker appointed by the Director of the Department of Public Health and

Social Services;

(2) one (1) physician appointed by the Administrator of the Guam Memorial Hospital

Authority;

(3) one (1) nurse appointed by the Director of the Department of Public Health and Social

Services;

COL 2025-08-27

(4) one (1) representative of the Guam Council on Senior Citizens;

(5) one (1) representative from a local nonprofit social service organization providing

service to those with developmental disabilities, appointed by the Speaker of I Liheslaturan

Guåhan;

(6) one (1) attorney appointed by the Guam Bar Association;

(7) one (1) representative from a local nonprofit social service organization providing

services to the youth, appointed by the Speaker of I Liheslaturan Guåhan; and

(8) three (3) members of the community at large appointed by the Speaker of I Liheslaturan

Guåhan.

(9) one (1) psychiatrist appointed by the Director of the Guam Behavioral Health and

Wellness Center.

(c) When Not Appointed. The Public Guardian shall not be appointed if another suitable guardian

is available and willing to accept the guardianship appointment, unless the Court finds that the best

interests of the ward would be better served by the appointment of the Public Guardian.

(d) Court Costs. In any proceeding for appointment of a Public Guardian, the Court may waive

any court cost or filing fee.

(e) Fees of Services; When Not Allowed. The Public Guardian may receive such reasonable fees

for services as a public guardian as the Court allows.

(1) No fees shall be allowed which would unreasonably diminish the ward's estates so as to

endanger the ward's financial independence, and no fees shall be allowed when the ward's primary

source of support derives from public funds.

(2) Any fees received under this Section by the Public Guardian shall be deposited into the

Public Guardian Fund.

(3) No fees shall accrue to the individual benefit of the Public Guardian.

(f) Rules. The Public Guardian shall develop rules and regulations in compliance with the

Administrative Adjudication Law.

(g) Annual Report. The Public Guardian shall prepare and submit an annual report to the Chief

Justice, and render such other reports as the Chief Justice may from time to time require.

(h) Funding. Funding for the Office of the Public Guardian shall be included in the budget of the

Judiciary.

(i) Contracts. The Public Guardian may make and enter into contracts, and generally do all such

things as in the Public Guardian’s judgment may be necessary, proper and expedient in accomplishing

the Public Guardian’s duties.

(j) Volunteers Authorized. The Public Guardian is authorized to solicit and accept services of

individuals and organizations on a voluntary basis in its programs in a carefully planned and supervised

manner.

(k) Withholding Consent to Waiver of Sovereign Immunity. Notwithstanding anything in Guam

law to the contrary, in accordance with § 1421a of the Organic Act of Guam, I Liheslaturan Guåhan

therein declines to waive sovereign immunity as to the Office of the Public Guardian and the Supreme

Court of Guam for any tort arising out of or committed under the voluntary program as set out in 7

GCA § 3112 (j).

COL 2025-08-27

(l) Solicitation of Money Permitted. The office of the Public Guardian may solicit and accept

voluntary charitable monetary donations and may apply for and accept public or private grants it may

be eligible to receive. All expenditures for solicitation of or application for such donations or grants

shall be prudent and reasonable.

(m) Fund Created. There is hereby created, separate and apart from other funds of the government

of Guam, a fund known as the “Public Guardian Fund” (Fund). The Fund shall not be commingled

with any other fund and shall be deposited into a separate account. All fees, charitable monetary

donations, and public and private grants collected pursuant to this § 3112 shall be deposited into the

Fund and it shall be administered by the Public Guardian. The Fund shall be used for the purpose of

the administration and operation of the Office of the Public Guardian. The Public Guardian shall make

an annual report to the Chief Justice of the Supreme Court of Guam and I Liheslaturan Guåhan of the

condition of, and activity within, the Fund.