WILLIAM DONALD SCHAEFER, Governor Ch. 709

(5) If a guardian of the estate of the disabled person has not been
appointed, the right to commence proceedings to compel performance by any person of
his duty to support the disabled person, and to apply the estate to the support, care, and
education of the disabled person, except that the guardian of the person may not obtain
funds from the estate for room and board that the guardian, his spouse, parent, or child
provide without a court order approving the charge, and the duty to exercise care to
conserve any excess estate for the needs of the disabled person;

(6) If a guardian of the estate has been appointed, the duty to control the
custody and care of the disabled person, to receive reasonable sums for room and board
provided to the disabled person, and to account to the guardian of the estate for funds
expended, and the right to ask the guardian of the estate to expend the estate in
payment of third persons for care and maintenance of the disabled person;

(7) The duty to file an annual report with the court indicating the present
place of residence and health status of the ward, the guardian's plan for preserving and
maintaining the future well-being of the ward, and the need for continuance or
cessation of the guardianship or for any alteration in the powers of the guardian. The
court shall renew the appointment of the guardian if it is satisfied that the grounds for
the original appointment stated in § 13-705(b) above continue to exist. If the court
believes such grounds may not exist, it shall hold a hearing, similar to that provided for
in § 13-705 above, at which the guardian shall be required to prove that such grounds
exist. If the court does not make these findings, it shall order the discontinuance of the
guardianship of the person. If the guardian declines to participate in the hearing, the
court may appoint another guardian to replace him pursuant to the priorities in §
13-707(a); AND

[(8) The power to give necessary consent or approval for medical or other
professional care, counsel, treatment, or service, except that the court must authorize
any medical procedure that involves a substantial risk to life.]

(8) THE POWER TO GIVE NECESSARY CONSENT OR APPROVAL
FOR:

(I) MEDICAL OR OTHER PROFESSIONAL CARE, COUNSEL,
TREATMENT, OR SERVICE;

(II) WITHHOLDING MEDICAL OR OTHER PROFESSIONAL
CARE,. COUNSEL, TREATMENT, OR SERVICE; AND

(III) WITHDRAWING MEDICAL OR OTHER PROFESSIONAL
CARE, COUNSEL, TREATMENT, OR SERVICE.

(C) NOTWITHSTANDING THE POWERS CONFERRED TO A
GUARDIAN UNDER SUBSECTION (B)(8) OF THIS SECTION, WHERE A
MEDICAL PROCEDURE INVOLVES, OR WOULD INVOLVE, A SUBSTANTIAL
RISK TO THE LIFE OF A DISABLED PERSON, THE COURT MUST
AUTHORIZE A GUARDIAN'S CONSENT OR APPROVAL FOR:

(1) THE MEDICAL PROCEDURE;

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