Ch. 574                                        1994 LAWS OF MARYLAND

(2)      WHETHER THE AUTHORITY OF THE STANDBY GUARDIAN IS TO
BECOME EFFECTIVE ON THE PETITIONER'S INCAPACITY, ON THE PETITIONER'S
DEATH, OR ON WHICHEVER OCCURS FIRST; AND

(3)      THAT THERE IS A SIGNIFICANT RISK THAT THE PETITIONER WILL
BECOME INCAPACITATED OR DIE, AS APPLICABLE, WITHIN 2 YEARS OF THE FILING
OF THE PETITION, AND THE BASIS FOR THIS STATEMENT.

(C) EXCEPT ON A MOTION AND FOR GOOD CAUSE SHOWN, THE PETITIONER'S
APPEARANCE IN COURT MAY NOT BE REQUIRED IF THE PETITIONER IS MEDICALLY
UNABLE TO APPEAR.

(C)      IF THE PETITIONER IS MEDICALLY UNABLE TO APPEAR, THE
PETITIONER'S APPEARANCE IN COURT MAY NOT BE REQUIRED, EXCEPT ON A
MOTION AND FOR GOOD CAUSE SHOWN.

(D)    . (1) IF THE COURT FINDS THAT THERE IS A SIGNIFICANT RISK THAT THE
PETITIONER WILL BECOME INCAPACITATED OR DIE WITHIN 2 YEARS OF THE FILING
OF THE PETITION AND THAT THE INTERESTS OF THE MINOR WILL BE PROMOTED BY
THE APPOINTMENT OF A STANDBY GUARDIAN OF THE PERSON OR PROPERTY OF
THE MINOR, THE COURT SHALL ISSUE A DECREE ACCORDINGLY.

(2) A DECREE UNDER THIS SUBSECTION SHALL:

(I)       SPECIFY WHETHER THE AUTHORITY OF THE STANDBY
GUARDIAN IS EFFECTIVE ON THE RECEIPT OF A DETERMINATION OF THE
PETITIONER'S INCAPACITY, ON THE RECEIPT OF THE CERTIFICATE OF THE
PETITIONER'S DEATH, OR ON WHICHEVER OCCURS FIRST; AND

(II)     PROVIDE THAT THE AUTHORITY OF THE STANDBY GUARDIAN
MAY BECOME EFFECTIVE EARLIER ON WRITTEN CONSENT OF THE PETITIONER IN
ACCORDANCE WITH SUBSECTION (E)(3) OF THIS SECTION.

(3) IF AT ANY TIME BEFORE THE BEGINNING OF THE AUTHORITY OF
THE STANDBY GUARDIAN THE COURT FINDS THAT TOE REQUIREMENTS OF
PARAGRAPH (1) OF THIS SUBSECTION ARE NO LONGER SATISFIED, THE COURT MAY
RESCIND THE DECREE.

(E)      (1) (I) IF A DECREE UNDER SUBSECTION (D) OF THIS SECTION
PROVIDES THAT THE AUTHORITY OF THE STANDBY GUARDIAN IS EFFECTIVE ON
RECEIPT OF A DETERMINATION OF THE PETITIONER'S INCAPACITY, THE STANDBY
GUARDIAN'S AUTHORITY SHALL BEGIN ON THE STANDBY GUARDIAN'S RECEIPT OF
A COPY OF A DETERMINATION OF INCAPACITY MADE UNDER § 13-906 OF THIS
SUBTITLE.

(II)     A STANDBY GUARDIAN SHALL FILE A COPY OF THE
DETERMINATION OF INCAPACITY. WITH THE COURT THAT ISSUED THE DECREE
WITHIN 90 DAYS OF THE DATE OF RECEIPT OF THE DETERMINATION.

(III)    IF A STANDBY GUARDIAN FAILS TO COMPLY WITH
SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE COURT MAY RESCIND THE STANDBY
GUARDIAN'S AUTHORITY.

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