WILLIAM DONALD SCHAEFER, Governor                            Ch. 372

[(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)      THE COURT MAY, UPON SUCH CONDITIONS AS THE COURT
CONSIDERS APPROPRIATE, AUTHORIZE A GUARDIAN TO MAKE A DECISION
REGARDING MEDICAL PROCEDURES THAT INVOLVE A SUBSTANTIAL RISK TO LIFE
WITHOUT FURTHER COURT AUTHORIZATION, IF:

(I)      THE DISABLED PERSON HAS EXECUTED AN ADVANCE
DIRECTIVE IN ACCORDANCE WITH TITLE 5, SUBTITLE 6 OF THE HEALTH - GENERAL
ARTICLE THAT AUTHORIZES THE GUARDIAN TO CONSENT TO THE PROVISION,
WITHHOLDING OR WITHDRAWAL OF A MEDICAL PROCEDURE THAT INVOLVES A
SUBSTANTIAL RISK TO LIFE BUT DOES NOT APPOINT A HEALTH CARE AGENT; OR

(II)     THE GUARDIAN IS ALSO THE DISABLED PERSON'S SPOUSE,
ADULT CHILD, PARENT, OR ADULT BROTHER OR SISTER.

(3)      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LIFE-SUSTAINING PROCEDURE BE WITHHELD OR WITHDRAWN IS SUBJECT TO THE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 13-713 OF THIS SUBTITLE.

PART III. LIFE-SUSTAINING PROCEDURES

13-711. DEFINITIONS.

(A)     IN THIS PART HI OF THIS SUBTITLE THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(B)     "BEST INTEREST" MEANS THAT THE BENEFITS TO THE INDIVIDUAL
DISABLED PERSON RESULTING FROM A TREATMENT OUTWEIGH THE BURDENS TO
THE INDIVIDUAL DISABLED PERSON RESULTING FROM THAT TREATMENT, TAKING
INTO ACCOUNT:

(1) THE EFFECT OF THE TREATMENT ON THE PHYSICAL, EMOTIONAL,
AND COGNITIVE FUNCTIONS OF THE INDIVIDUAL DISABLED PERSON;

(2) THE DEGREE OF PHYSICAL PAIN OR DISCOMFORT CAUSED TO THE
INDIVIDUAL DISABLED PERSON BY THE TREATMENT, OR THE WITHHOLDING OR
WITHDRAWAL OF THE TREATMENT;

(3) THE DEGREE TO WHICH THE INDIVIDUAL'S DISABLED PERSON'S
MEDICAL CONDITION, THE TREATMENT, OR THE WITHHOLDING OR WITHDRAWAL
OF TREATMENT, RESULT IN A SEVERE AND CONTINUING IMPAIRMENT OF THE
DIGNITY OF THE INDIVIDUAL DISABLED PERSON BY SUBJECTING THE INDIVIDUAL
TO A CONDITION OF EXTREME HUMILIATION AND DEPENDENCY;

(4)      THE EFFECT OF THE TREATMENT ON THE LIFE EXPECTANCY OF THE
INDIVIDUAL DISABLED PERSON;

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