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3096
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Ch. 768
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LAWS OF MARYLAND
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(M) (N) "PROTECTIVE PROCEEDING" IS A PROCEEDING
TO PROTECT AN ESTATE IN ACCORDANCE WITH SUBTITLE 2 OF
THIS TITLE OR A PROCEEDING TO APPOINT A GUARDIAN OF THE
PERSON BROUGHT PURSUANT TO SUBTITLE 7 OF THIS TITLE.
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SECTION 3. AND BE IT FURTHER ENACTED, That new
subheading "Part I. Minors" to precede Sections 13—701
through 13-703 be and it is hereby added to Article -
Estates and Trusts, of the Annotated Code of Maryland
(1974 Volume and 1976 Supplement).
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SECTION 4. AND BE IT FURTHER ENACTED, That Section
13-704 to be under the new subheading "Part II. Disabled
Persons" of Article - Estates and Trusts, of the
Annotated Code of Maryland (1974 Volume and 1976
Supplement) be and it is hereby repealed and reenacted,
with amendments, to read as follows:
Article — Estates and Trusts
PART II. DISABLED PERSONS
13-704.
The court may superintend and direct the care of a
disabled person, appoint a guardian of the person, and
pass orders and decrees respecting [them as seems proper,
including an order directing the disabled person to be
sent to a hospital. Procedures in these cases shall be
as prescribed by Maryland Rules.] THE PERSON AS SEEMS
PROPER, INCLUDING AN ORDER DIRECTING THE DISABLED PERSON
TO BE SENT TO A HOSPITAL. PROCEDURES IN THESE CASES
SHALL BE AS PRESCRIBED BY MARYLAND RULES AND IN
ACCORDANCE WITH THE PROVISIONS OF THIS SUBTITLE.
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SECTION 5. AND BE IT FURTHER ENACTED, That new
Sections 13-705 through 13-710, inclusive, be and they
are hereby added to Article — Estates and Trusts, of the
Annotated Code of Maryland (1974 Volume and 1976
Supplement) to read as follows:
Article - Estates and Trusts
13-705.
(A) ON PETITION AND AFTER ANY NOTICE OR HEARING
PRESCRIBED BY LAW OR THE MARYLAND RULES, A COURT MAY
APPOINT A GUARDIAN OF THE PERSON OF A DISABLED PERSON.
(B) A GUARDIAN OF THE PERSON SHALL BE APPOINTED IF
THE COURT DETERMINES FROM CLEAR AND CONVINCING EVIDENCE
THAT A PERSON LACKS SUFFICIENT UNDERSTANDING OR CAPACITY
TO MAKE OR COMMUNICATE RESPONSIBLE DECISIONS CONCERNING
HIS PERSON, INCLUDING PROVISIONS FOR HEALTH CARE, FOOD,
CLOTHING, OR SHELTER, BECAUSE OF ANY MENTAL DISABILITY,
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