WILLIAM DONALD SCHAEFER, Governor Ch. 372
(7) The duty to file an annual report with the court indicating the present
place of residence and health status of the ward, the guardian's plan for preserving and
maintaining the future well being of the ward, and the need for continuance or cessation
of the guardianship or for any alteration in the powers of the guardian. The court shall
renew the appointment of the guardian if it is satisfied 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); and
(8) The power to give necessary consent or approval for:
(i) Medical or other professional care, counsel, treatment, or service,
including admission to a hospital or nursing home or transfer from one medical facility to
another;
(ii) Withholding medical or other professional care, counsel,
treatment, or service; and
(iii) Withdrawing medical or other professional care, counsel,
treatment, or service.
(c) (1) Notwithstanding the powers conferred to a guardian under subsection
(b)(8) of this section, where a medical procedure involves, or would involve, a substantial
risk to the life of a disabled person, the court must authorize a guardian's consent or
approval for:
[(1)](I) The medical procedure;
[(2)] (II) Withholding the medical procedure; or
[(3)] (III) Withdrawing the medical procedure that involves, or would
involve, a substantial risk to the life of the disabled person.
(2) A PETITION SEEKING THE AUTHORIZATION OF A COURT THAT A
LIFE SUSTAINING PROCEDURE BE WITHHELD OR WITHDRAWN IS SUBJECT TO THE
PROVISIONS OF §§ 13-711 THROUGH 13-715 OF THIS SUBTITLE.
(d) (1) Notwithstanding subsection (a) of this section, and in addition to the
rights, duties, and powers which the court may order under subsection (b) of this section,
the court may order the relief provided under this subsection.
(2) (i) If a guardian of the estate has been appointed, a guardian of the
person may ask the guardian of the estate to expend the estate in payment of care and
maintenance services provided directly to the disabled person by the guardian of the
person at the rate of reimbursement established under this subsection.
(ii) The guardian of the person shall maintain appropriate records to
document the care and maintenance services provided directly to the disabled person to
receive any payment under this subsection.
- 2035 -
|