A N A C T
RELATING TO PARENTAL SUCCESSION -- RETARDED PERSONS
It is enacted by the General Assembly as follows:
SECTION 1. The title of Chapter 40.1-23 entitled "Parental Succession - Retarded Persons" is hereby amended to read as follows:
PARENTAL SUCCESSION -
PERSONS WITH DEVELOPMENTAL DISABILITIES
SECTION 2. Sections 40.1-23-1, 40.1-23-2, and 40.1-23-10 of the General Laws in Chapter 40.1-23 entitled "Parental Succession-Retarded Persons" are hereby amended to read as follows:
40.1-23-1. Parental successor for
retarded individuals persons with developmental disabilities. -- The natural or adoptive parents, or the survivor of them, of a person who has been determined to be retarded a person with developmental disabilities under regulations of the director of the department of mental health, retardation, and hospitals, may appoint at any time a parental successor for the person. The appointment shall be effective upon the death of the surviving parent and shall be for the period of the lifetime of that retarded person with developmental disabilities.
40.1-23-2. Who may serve -- (a) A parental successor may be an individual, whether related or not to the person who has been determined to be
retarded a person with developmental disabilities under the regulations of the director of the department of mental health, retardation, and hospitals; a bank with a trust department, acting through its trust department; a church, acting through the incumbent of a position to be indicated in the instrument designating or the order appointing the parental successor; or an organization concerned with the needs of retarded individuals with developmental disabilities.
(b) A minor may be named or appointed as a parental successor, but he or she may actually serve only after reaching the age of eighteen (18) years.
40.1-23-10. Construction -- Effect on other laws -- (a) It is specifically intended that the provision of this chapter shall be available for the benefit of all
retarded persons with developmental disabilities who are now resident at state facilities, or on placement from such facilities, or who reside within the state.
(b) This chapter shall not repeal, amend, or modify any law relating to intestate succession or relating to guardians of the person or of the estate of an individual. In the event of the appointment of the guardian of the person, the rights of the guardian will supersede and abrogate the rights of the parental successor of the person for whom a guardian of the person has been appointed, for so long as the appointment of the guardian of the person is effective.
SECTION 3. Section 40.1-23-11 of the General Laws in Chapter 40.1-23 entitled "Parental Succession-Retarded Persons" is hereby repealed.
40.1-23-11. Construction of references to department of health --
Wherever in this chapter the words "department of health" appear the same shall be deemed to refer to and mean the department of mental health, retardation, and hospitals.
SECTION 4. This act shall take effect upon passage.