In August 1997, more detailed placement criteria were implemented. The new rules created criteria to determine residential placements for adult wards, including a requirement that the guardians consider the wishes of a ward unless harm to the ward or to the ward's estate ensues. When the preferences of the ward cannot be ascertained or where they will result in substantial harm to the ward or to the ward's estate, the guardian makes decisions that are in the best interests of the ward. The law also exempts state and public guardians from petitioning probate courts to change residential placement, but requires these guardians to follow all other new guidelines. Guardians are prohibited from removing the ward from his or her home or separating the ward from family and friends unless such removal is necessary to prevent substantial harm to the ward or to the ward's estate.
Guardians have a duty to investigate reasonable residential alternatives.
Placements are to be monitored on an ongoing basis to ensure continued appropriateness and pursue alternatives as needed.