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Session Laws, 1982
Volume 742, Page 367   View pdf image
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HARRY HUGHES, Governor

367

For example, subsection (b)(2) of this section
provides for the signing of a receipt by a parent
or guardian of a minor, but does not provide for
signing of the receipt by a person instead of an
adult mentally retarded individual who is not
competent to do so. The Commission also notes
that there may be other persons who properly may
acknowledge this statement.

Also subsections (c), (d)(2), and (e)(1)(ii) and
(2) of this section refer to a mentally retarded
individual or guardian of the person, without
distinction between adults and minors, and does
not refer to a parent of the mentally retarded
individual.

As to the State designated protection and
advocacy agency described in subsection (m) of
this section, see the Executive Order that
designated the Maryland Advocacy Unit for the
Developmentally Disabled (MAUDD); COMAR
01.01.1977.07.

Defined terms: "Administration" § 7-101
"Director" § 7-101 "Physician" § 1-101
"Facility" § 7-101 "Treatment" § 7-101
"Includes"/"including" § 1-101
"Mentally retarded individual" § 7-101
"Person" § 1-101

7-603. CIVIL RIGHTS GENERALLY.

AN INDIVIDUAL MAY NOT BE DEPRIVED OF THE RIGHT TO VOTE
OR TO RECEIVE, HOLD, AND DISPOSE OF PROPERTY SOLELY BECAUSE
THE INDIVIDUAL IS IN A FACILITY OR A VETERANS'
ADMINISTRATION HOSPITAL FOR MENTAL RETARDATION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
59A, § 35.

The reference to the "Veterans' Administration
hospital" is added to correct an apparent
oversight.

The clause "solely because the individual is in a
facility" is substituted for "{n}o mentally
retarded person in any facility" to clarify that
the mere status of an individual as mentally
retarded is not the controlling factor in the
ability to exercise certain rights.

The former exception for an individual "declared
to be incompetent by a court in accordance with
the provisions of the Courts Article" is deleted

 

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Session Laws, 1982
Volume 742, Page 367   View pdf image
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