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Session Laws, 1982
Volume 742, Page 4319   View pdf image
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HARRY HUGHES, Governor

4319

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)](7) 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.

      (C)(1) EACH GUARDIAN OF THE PERSON SHALL FILE WITH

THE COURT AN ANNUAL REPORT THAT INDICATES:

(I) THE CURRENT PLACE OF RESIDENCE OF THE
DISABLED PERSON;

(II) THE CURRENT HEALTH STATUS OF THE
DISABLED PERSON;

(III) THE GUARDIAN'S PLAN FOR PRESERVATION
AND MAINTENANCE OF THE WELL-BEING OF THE DISABLED PERSON;
AND

(IV) THE NEED FOR CONTINUANCE TO CESSATION
OF THE GUARDIANSHIP OR FOR ALTERATION OF THE POWERS OF THE
GUARDIAN.

(2) IF THE COURT IS SATISFIED THAT THE GROUNDS
FOR THE ORIGINAL APPOINTMENT OF A GUARDIAN CONTINUE TO
EXIST, THE COURT SHALL RENEW THE APPOINTMENT. IF THE COURT
BELIEVES THAT THE GROUNDS MAY NOT EXIST, THE COURT SHALL
HOLD A HEARING SIMILAR TO THE HEARING PROVIDED FOR IN §
13-705 OF THIS SUBTITLE, AT WHICH THE GUARDIAN OF THE PERSON
SHALL BE REQUIRED TO PROVE THE EXISTENCE OF THE GROUNDS. IF
THE COURT DOES NOT MAKE THESE FINDINGS, THE COURT SHALL
DISCONTINUE TO THE GUARDIANSHIP. THE COURT MAY REPLACE, IN
ACCORDANCE WITH THE PRIORITIES IN § 13-707(A) OF THIS

SUBTITLE, A GUARDIAN OF THE PERSON WHO DECLINES TO

PARTICIPATE IN THE HEARING.

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]

 

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Session Laws, 1982
Volume 742, Page 4319   View pdf image
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