Chaired by Saipan Republican Rep. Rosemond B. Santos, the committee said although the CNMI government stands to spend taxpayer money to establish procedures and guidelines for the guardianship of minors and incompetent persons, the benefits far outweigh the projected expenses.
Rep. Joseph C. Reyes, R-Saipan, introduced the measure, House Bill 16-158, on Oct. 1, 2008 and was subsequently referred to the JGO committee.
According to Reyes, some people with mental illnesses and developmental disabilities have problems with major life activities such as language, mobility, learning, self-help and independent living, thus, need responsible guardians to act on their behalf.
Similarly, some minors who do not have natural guardians or parents need responsible adults to make decisions about their personal welfare.
Reyes said his bill seeks to address these concerns through the establishment of guardianship rules and guidelines.
His bill empowers the Superior Court to have jurisdiction in appointing guardians for incompetent persons or minors or their estates.
Venue for the appointment is based on the island where the subject resides unless a transfer is sought.
The trial court may appoint a public guardian for a term of eight years.
It has the authority to remove a guardian for cause and to appoint his or her successor.
The bill stated that no general guardian or guardian of the estate “shall be permitted to receive the ward’s property until sufficient surety bond is placed.”
The JGO committee said the measure will cost additional expenses to the public but its benefits to protect the rights of minors and incompetent persons are far greater.
“Costs to be incurred may include bond premiums for all disinterested public agents appointed to be guardians, training for disinterested public agents concerning the powers and responsibilities of guardians and compensation,” the committee said in its report.
“However, the benefits of ensuring the rights of minors and incompetent persons to have a qualified, responsible guardian to act on their behalf are far reaching and outweigh any additional costs that may arise,” it added.
