Ch. 372

1993 LAWS OF MARYLAND

(D) (1) THIS SECTION DOES NOT APPLY TO AN INSTRUMENT OR PORTION
OF AN INSTRUMENT THAT IS A POWER OF ATTORNEY FOR HEALTH CARE

DECISIONS, WITHIN THE MEANING OF § 20A 101(U) OF THE HEALTH - GENERAL

ARTICLE.

(2) AN INSTRUMENT OR PORTION OF AN INSTRUMENT THAT IS A
POWER OF ATTORNEY FOR HEALTH CARE DECISIONS WITHIN THE MEANING OF §
20A-101(U) OF THE HEALTH GENERAL ARTICLE IS SUBJECT TO THE PROVISIONS OF
TITLE 20A, SUBTITLE 4 OF THE HEALTH GENERAL ARTICLE.

13-708.

(a) (1) The court may grant to a guardian of a person only those powers
necessary to provide for the demonstrated need of the disabled person.

(2) THE COURT MAY APPOINT A GUARDIAN OF THE PERSON OF A
DISABLED PERSON FOR THE LIMITED PURPOSE OF MAKING ONE OR MORE
DECISIONS RELATED TO THE HEALTH CARE OF THAT PERSON.

(b) Subject to subsection (a) of this section, the rights, duties, and powers which
the court may order include, but are not limited to:

(1) The same rights, powers, and duties that a parent has with respect to an
unemancipated minor child, except that the guardian is not liable solely by reason of the
guardianship to third persons for any act of the disabled person;

(2) The right to custody of the disabled person and to establish his place of
abode within and without the State, provided there is court authorization for any change
in the classification of abode, except that no one may be committed to a mental facility
without an involuntary commitment proceeding as provided by law;

(3) The duty to provide for care, comfort, and maintenance, including social,
recreational, and friendship requirements, and, if appropriate, for training and education
of the disabled person;

(4) The duty to take reasonable care of the clothing, furniture, vehicles, and
other personal effects of the disabled person, and, if other property requires protection,
the power to commence protective proceedings;

(5)     If a guardian of the estate of the disabled person has not been
appointed, the right to commence proceedings to compel performance by any person of
his duty to support the disabled person, and to apply the estate to the support, care, and
education of the disabled person, except that the guardian of the person may not obtain
funds from the estate for room and board that the guardian, his spouse, parent, or child
provide without a court order approving the charge, and the duty to exorcise care to
conserve any excess estate for the needs of the disabled person;

(6)     If a guardian of the estate has been appointed, the duty to control the
custody and care of the disabled person, to receive reasonable sums for room and board
provided to the disabled person, and to account to the guardian of the estate for funds
expended, and the right to ask the guardian of the estate to expend the estate in payment
of third persons for care and maintenance of the disabled person;

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