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3100
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Ch. 768
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LAWS OF MARYLAND
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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
BARD, 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);
(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.
13-709.
(A) WHEN, FROM PERSONAL OBSERVATION OF A
LAW-ENFORCEMENT OFFICER, IT APPEARS PROBABLE THAT AN
ADULT WILL SUFFER IMMEDIATE AND SERIOUS PHYSICAL INJURY
OR DEATH IF NOT IMMEDIATELY PLACED IN A HEALTH CARE
FACILITY, THAT THE ADULT IS INCAPABLE OF GIVING CONSENT,
AND THAT IT IS NOT POSSIBLE TO FOLLOW THE PROCEDURES OF
THIS SECTION, THE OFFICER MAY TRANSPORT THE PERSON TO AN
APPROPRIATE MEDICAL FACILITY WHICH SHALL IMMEDIATELY
NOTIFY THE NEXT OF KIN AND THE DIRECTOR. THIS MEDICAL
CARE MAY NOT BE RENDERED IN A STATE MENTAL HOSPITAL OTHER
THAN, IN IN APPROPRIATE CASE, THE WALTER P. CARTER
COMMUNITY MENTAL HEALTH AND RETARDATION CENTER__AND THE
HIGHLAND HEALTH FACILITY UNLESS AUTHORIZED BY THE COURTS
IN A CIVIL COMMITMENT PROCEEDING. THE DIRECTOR SHALL
FILE A PETITION PURSUANT TO SUBSECTION (B) BELOW WITHIN
24 HOURS AFTER THE TRANSFER OF THE PERSON HAS TAKEN
PLACE. THE COURT SHALL HOLD A HEARING ON THE PETITION
AND RENDER ITS DECISION WITHIN 48 HOURS AFTER THE
TRANSFER HAS OCCURRED.
(B) UPON PETITION BY AN INTERESTED PERSON, A COURT
MAY ISSUE AN ORDER AUTHORIZING THE PROVISION OF
PROTECTIVE SERVICES ON AN EMERGENCY BASIS TO AN ADULT
AFTER FINDING ON THE RECORD, BASED ON CLEAR AND
CONVINCING EVIDENCE, THAT:
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