WILLIAM DONALD SCHAEFER, Governor                         Ch. 208

(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 paragraphs (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 (b) 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
paragraph (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 no more than 60 days after the filing
of the petition;

(6)     The issuance of an emergency order and the appointment of a
temporary guardian shall not deprive the person of any rights except to the extent
provided for in the order or appointment;

(7)     To implement an emergency order, the court may authorize forcible
entry of the premises of the person for the purpose of rendering protective services or
transporting the person to another location for the provision of such services only after a
showing to the court that attempts to gain voluntary access to the premises have failed
and forcible entry is necessary. Persons making authorized forcible entry shall be
accompanied by a law enforcement officer, the director or his representative, and if
appropriate, a representative of the local department of health.

(d)     The petition for an emergency order shall set forth the name, address, and
interest of the petitioner; the name, age. and address of the person in need of protective
services; the nature of the person's disability, if determinable; the proposed protective
services; the petitioner's reasonable belief, together with facts supportive thereof, as to
the existence of the facts stated in subsection (b)(1) through (3) above; and facts showing
petitioner's attempts to obtain the person's consent to the services and the outcomes of
such attempts.

(e)     Notice of the filing of such petition shall be given as required in the Maryland
Rules and to the director. Such notice shall be given in language reasonably
understandable by the intended recipients at least 24 hours prior to the hearing for
emergency intervention. The court may waive the 24-hour notice requirement upon a
showing that (1) immediate and reasonably foreseeable physical harm to the person or
others will result from the 24-hour delay, and (2) reasonable attempts have been made to
give such notice. Notice of the court's final order shall be given to the same parties.

(f)      The hearing on a petition for an emergency order for protective services shall
be held under the following conditions:

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