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MARVIN MANDEL, Governor 3101
(1) THE PERSON IS DISABLED, AS DEFINED IN
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§13-101;
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(1) FOR THE PURPOSE OF THIS SECTION THE
PERSON LACKS CAPACITY UNDER THE STANDARDS ENUMERATED IN §
13-705(B):
(2) AN EMERGENCY EXISTS, AS DEFINED IN
§13-101; AND
(3) NO PERSON AUTHORIZED BY LAW OR COURT
ORDER TO GIVE CONSENT FOR THE PERSON IS AVAILABLE TO
CONSENT TO EMERGENCY SERVICES.
(C) IN ISSUING AN EMERGENCY ORDER, THE COURT SHALL
ADHERE TO THE FOLLOWING LIMITATIONS:
(1) ONLY SUCH PROTECTIVE SERVICES AS ARE
NECESSARY TO REMOVE THE CONDITIONS CREATING THE EMERGENCY
SHALL BE ORDERED; THE COURT SHALL SPECIFICALLY DESIGNATE
THE APPROVED SERVICES IN ITS ORDER;
(2) PROTECTIVE SERVICES AUTHORIZED BY AN
EMERGENCY ORDER SHALL NOT INCLUDE HOSPITALIZATION OR A
CHANGE OF RESIDENCE UNLESS THE COURT SPECIFICALLY FINDS
SUCH ACTION IS NECESSARY AND GIVES SPECIFIC APPROVAL FOR
SUCH ACTION IN ITS ORDER;
(3) PROTECTIVE SERVICES MAY BE PROVIDED
THROUGH AN EMERGENCY ORDER FOR ONLY 72 HOURS. THE
ORIGINAL ORDER MAY BE RENEWED ONCE FOR A 72-HOUR PERIOD
UPON A SHOWING TO THE COURT THAT CONTINUATION OF THE
ORIGINAL ORDER IS NECESSARY TO REMOVE THE EMERGENCY;
(4) IN ITS ORDER THE COURT SHALL APPOINT THE
PETITIONER, ANOTHER INTERESTED PERSON, THE DIRECTOR, OR
THE STATE DIRECTOR ON AGING AS TEMPORARY GUARDIAN OF THE
PERSON WITH RESPONSIBILITY FOR THE PERSON'S WELFARE AND
AUTHORITY TO GIVE CONSENT FOR THE PERSON FOR THE APPROVED
PROTECTIVE SERVICES UNTIL THE EXPIRATION OF THE ORDER;
(5) NOTWITHSTANDING THE PROVISIONS OF
SUBSECTIONS (3) AND (4) ABOVE, THE COURT MAY EXTEND THE
TERMS OF THE EMERGENCY ORDER AND THE APPOINTMENT OF THE
TEMPORARY GUARDIAN UNTIL APPOINTMENT OF A GUARDIAN OF THE
PERSON PURSUANT TO §13-705, UPON PETITION OF THE
TEMPORARY GUARDIAN, THE DIRECTOR, OR THE STATE DIRECTOR
ON AGING, AS APPROPRIATE, AND AFTER A SHOWING THAT THE
CONDITIONS FOUND TO EXIST IN SUBSECTION (E) ABOVE WILL
PROBABLY CONTINUE BEYOND THE EXPIRATION OF THE EXTENDED
EMERGENCY ORDER. SUCH PETITION SHALL BE FILED BEFORE THE
EXPIRATION OF THE SIX-DAY PERIOD PROVIDED FOR IN
SUBSECTION (3) ABOVE AND SHALL BE ACCOMPANIED BY A
PETITION FOR APPOINTMENT OF A GUARDIAN OF THE PERSON
PURSUANT TO §13-705. SUCH PETITION FOR APPOINTMENT OF A
GUARDIAN OF THE PERSON SHALL BE HEARD ON AN EXPEDITED
BASIS;
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