HARRY HUGHES, Governor

2879

SUBTITLE 3. EMERGENCY PROVISIONS
14-301.

(A)  THE DIRECTOR MAY, OR UPON THE REQUEST OF ANY PERSON
ENTITLED TO BE A GUARDIAN, SHALL INVESTIGATE FULLY EACH REPORT
THAT AN ADULT IS UNABLE TO PROVIDE FOR HIS DAILY NEEDS
SUFFICIENTLY TO PROTECT HIS HEALTH OR SAFETY. IF, IN THE COURSE
OF THE INVESTIGATION, A REPRESENTATIVE OF THE LOCAL DEPARTMENT
BELIEVES THAT AN EMERGENCY EXISTS, THE REPRESENTATIVE MAY CONTACT
THE LOCAL LAW ENFORCEMENT AGENCY. THE LAW ENFORCEMENT OFFICER
SHALL ACCOMPANY THE REPRESENTATIVE, AND, IF THE OFFICER AGREES
THAT AN EMERGENCY EXISTS, AS DESCRIBED IN § 13-709(A) OF THE
ESTATES AND TRUSTS ARTICLE, THE OFFICER SHALL TRANSPORT THE
PERSON TO AN APPROPRIATE HEALTH CARE FACILITY AS PROVIDED IN §
13-709(A) OF THE ESTATES AND TRUSTS ARTICLE.

(B)  IF, AFTER THE INVESTIGATION, THE DIRECTOR DETERMINES
THAT THE INDIVIDUAL REQUIRES PROTECTIVE SERVICES, THE DIRECTOR
SHALL PROVIDE SUCH SERVICES IN ACCORDANCE WITH THIS SUBTITLE WITH
THE INDIVIDUAL'S CONSENT. IF THE INDIVIDUAL IS UNWILLING TO
ACCEPT PROTECTIVE SERVICES VOLUNTARILY, THE DIRECTOR MAY PETITION
THE COURT FOR AN EMERGENCY ORDER FOR PROTECTIVE SERVICES, AS
PROVIDED IN § 13-709 OF THE ESTATES AND TRUSTS ARTICLE, OR FOR
APPOINTMENT OF A GUARDIAN OF THE PERSON, AS PROVIDED IN § 13-705
OF THE ESTATES AND TRUSTS ARTICLE.

(C)  THE DIRECTOR SHALL SUBMIT WITH THE PETITION THE
FINDINGS OF THE DEPARTMENTAL INVESTIGATION UNDER SUBSECTION (A)
OF THIS SECTION, INCLUDING AN EVALUATION OF THE MEDICAL,
PSYCHIATRIC, AND SOCIAL FACTORS THAT AFFECT THE INDIVIDUAL'S
CONDITION AND A DESCRIPTION OF RECOMMENDED SERVICES.

(D)  THE DIRECTOR SHALL NOTIFY THE STATE DIRECTOR OF THE
OFFICE ON AGING OF EACH GUARDIANSHIP PROCEEDING THAT IS
INSTITUTED BY THE DIRECTOR UNDER THIS SUBTITLE WHICH INVOLVES A
PERSON WHO IS 60 YEARS OLD OR OLDER.

(E)  IF THE COURT APPOINTS THE DIRECTOR AS GUARDIAN, THE
GUARDIANSHIP SHALL TRANSFER AUTOMATICALLY TO EACH INDIVIDUAL WHO
BECOMES DIRECTOR UNLESS TERMINATED BY THE COURT AND MAY NOT BE
DELEGATED TO ANY OTHER PERSON.

SUBTITLE 4. REVIEW BOARD

14-401.

THERE SHALL BE A REVIEW BOARD IN EACH COUNTY.

14-402.

(A) (1) EACH REVIEW BOARD CONSISTS OF 9 MEMBERS APPOINTED:

(I) BY THE COUNTY COMMISSIONER COMMISSIONERS;