S.B. 664

VETOES

[(9)](10) For adults less than 65 years old, the director of the local
department of social services or, for adults 65 years old or older, the director of the State
Office on Aging or local office on aging, except in those cases where the department of
social services has been appointed guardian of the person prior to age 65.

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.

(c) (1) Notwithstanding the powers conferred to a guardian under subsection
(b)(8) of this section, AND EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, 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)      UNLESS THE COURT EXPRESSLY STATES THAT THE MAY, UPON
SUCH CONDITIONS AS THE COURT CONSIDERS APPROPRIATE. AUTHORIZE A
GUARDIAN MAY NOT TO MAKE A DECISION REGARDING MEDICAL PROCEDURES
THAT INVOLVE A SUBSTANTIAL RISK TO LIFE WITHOUT FURTHER COURT
AUTHORIZATION; A GUARDIAN NEED NOT OBTAIN COURT AUTHORIZATION TO
CONSENT TO, WITHHOLD, OR WITHDRAW A MEDICAL PROCEDURE THAT INVOLVES
A SUBSTANTIAL RISK TO LIFE 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 RECEIPT,
WITHHOLDING OR WITHDRAWING 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LIFE-SUSTAINING PROCEDURE BE WITHHELD OR WITHDRAWN IS SUBJECT TO THE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.

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