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3097
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MARVIN MANDEL, Governor
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SENILITY, OTHER MENTAL WEAKNESS, DISEASE, HABITUAL
DRUNKENNESS, OR ADDICTION TO DRUGS, AND THAT NO LESS
RESTRICTIVE FORM OF INTERVENTION IS AVAILABLE WHICH IS
CONSISTENT WITH THE PERSON'S WELFARE AND SAFETY.
(C) PROCEDURES AND VENUE IN THESE CASES SHALL BE
AS DESCRIBED BY CHAPTER 1100, SUBTITLE R OF THE MARYLAND
RULES.
(D) UNLESS THE ALLEGED DISABLED PERSON HAS COUNSEL
OF HIS OWN CHOICE, THE COURT SHALL APPOINT AN ATTORNEY TO
REPRESENT HIM IN THE PROCEEDING. IF THE PERSON IS
INDIGENT, THE STATE SHALL PAY A REASONABLE ATTORNEY'S
FEE.
(E) THE PERSON ALLEGED TO BE DISABLED IS ENTITLED
TO BE PRESENT AT THE HEARING UNLESS HE HAS KNOWINGLY AND
VOLUNTARILY WAIVED THE RIGHT TO BE PRESENT OR CANNOT BE
PRESENT BECAUSE OF PHYSICAL OR MENTAL INCAPACITY. WAIVER
OR INCAPACITY MAY NOT BE PRESUMED FROM NONAPPEARANCE BUT
SHALL BE DETERMINED ON THE BASIS OF FACTUAL INFORMATION
SUPPLIED TO THE COURT BY COUNSEL OR A REPRESENTATIVE
APPOINTED BY THE COURT. THE PERSON ALLEGED TO BE
DISABLED IS ALSO ENTITLED TO PRESENT EVIDENCE AND TO
CROSS-EXAMINE WITNESSES. THE ISSUE MAY BE DETERMINED AT
A CLOSED HEARING WITHOUT A JURY IF THE PERSON ALLEGED TO
BE DISABLED OR HIS COUNSEL SO REQUESTS AND ALL HEARINGS
HEREIN SHALL BE CONFIDENTIAL AND SEALED UNLESS OTHERWISE
ORDERED BY A COURT OF COMPETENT JURISDICTION FOR GOOD
CAUSE SHOWN.
(F) THE PERSON ALLEGED TO BE DISABLED HAS THE
RIGHT, AT HIS OWN EXPENSE OR, IF INDIGENT, AT THE EXPENSE
OF THE STATE, TO SECURE AN INDEPENDENT MEDICAL AND
PSYCHOLOGICAL EXAMINATION RELEVANT TO THE ISSUE OF
DISABILITY, AND TO PRESENT A REPORT OF THIS INDEPENDENT
EVALUATION OR THE EVALUATOR'S PERSONAL TESTIMONY AS
EVIDENCE AT THE HEARING.
13-706.
(A) AN ADJUDICATION OF A DISABILITY FOR PURPOSES
OF APPOINTING A GUARDIAN OF A PERSON MAY NOT BE THE BASIS
FOR COMMITMENT OF THE DISABLED PERSON TO A MENTAL
INSTITUTION.
(3) APPOINTMENT OF A GUARDIAN OF THE PERSON:
(1) IS NOT EVIDENCE OF INCOMPETENCY OF THE
DISABLED PERSON; AND
(2) DOES NOT MODIFY ANY CIVIL RIGHT OF THE
DISABLED PERSON UNLESS THE COURT ORDERS, INCLUDING ANY
CIVIL SERVICE RANKING, APPOINTMENT, AND RIGHTS RELATING
TO LICENSURE, PERMIT, PRIVILEGE, OR BENEFIT UNDER ANY
LAW.
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