HARRY HUGHES, Governor

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(a)  On petition and after any notice or hearing prescribed
by law or the Maryland Rules, a court may appoint a guardian of
the person of a disabled person.

(b)  A guardian of the person shall be appointed if the
court determines from clear and convincing evidence that a person
lacks sufficient understanding or capacity to make or communicate
responsible decisions concerning his person, including provisions
for health care, food, clothing, or shelter, because of any
mental disability, senility, other mental weakness, disease,
habitual drunkenness, or addiction to drugs, and that no less
restrictive form of intervention is available which is consistent
with the person's welfare and safety.

(c)  Procedures and venue in these cases shall be as
described by Chapter 1100, Subtitle R of the Maryland Rules.

(d)  Unless the alleged disabled person has counsel of his
own choice, the court shall appoint an attorney to represent him
in the proceeding. If the person is indigent, the State shall pay
a reasonable attorney's fee.

(e)  The person alleged to be disabled is entitled to be
present at the hearing unless he has knowingly and voluntarily
waived the right to be present or cannot be present because of
physical or mental incapacity. Waiver or incapacity may not be
presumed from nonappearance but shall be determined on the basis
of factual information supplied to the court by counsel or a
representative appointed by the court. The person alleged to be
disabled is also entitled to present evidence and to
cross-examine witnesses. The issue may be determined at a closed
hearing without a jury if the person alleged to be disabled or
his counsel so requests and all hearings herein shall be
confidential and sealed unless otherwise ordered by a court of
competent jurisdiction for good cause shown.

(F) THE COURT SHALL HEAR AND RULE ON A PETITION SEEKING
APPOINTMENT OF A GUARDIAN OF THE PERSON OF A DISABLED PERSON IN

CONNECTION WITH MEDICAL TREATMENT FOR AN EMERGENCY ON AN

EXPEDITED BASIS AND SHALL PASS AN ORDER IMMEDIATELY. MEDICAL
TREATMENT ON AN EXPEDITED BASIS.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1984.

Approved May 29, 1984.