power of attorney by death, disability, or incompetence, is conclusive proof of the
nonrevocation or nontermination of the power at that time. If the exercise of the
power requires execution and delivery of any instrument which is recordable, the
affidavit when authenticated for record is likewise recordable.

DRAFTER'S NOTE:

Error: Misplaced punctuation in § 13-602(b) of the Estates and Trusts
Article.

Occurred: Ch. 11, Acts of 1974.

13-709.

(a) When, from personal observation of a law enforcement officer, it appears
probable that an adult will suffer immediate and serious physical injury or death if
not immediately placed in a health care facility, that the adult is incapable of giving
consent, and that it is not possible to follow the procedures of this section, the officer
shall transport the person to an appropriate medical facility which shall immediately
notify the next of kin and the director. This medical care may not be rendered in a
State mental hospital other than, in an appropriate case, the Walter P. Carter
Community Mental Health and Retardation Center and the Highland Health Facility
unless authorized by the courts in a civil commitment proceeding. The director shall
file a petition pursuant to subsection (b) [below] OF THIS SECTION within 24 hours
after the transfer of the person has taken place. The court shall hold a hearing on the
petition and render its decision within 48 hours after the transfer has occurred.

(b) Upon petition by an interested person, a court may issue an order
authorizing the provision of protective services on an emergency basis to an adult
after finding on the record, based on clear and convincing evidence, that:

(1) For the purpose of this section the person lacks capacity under the
standards enumerated in § 13-705(b) OF THIS SUBTITLE;

(2) An emergency exists, as defined in § 13-101 OF THIS TITLE; and

(3) No person authorized by law or court order to give consent for the
person is available to consent to emergency services.

(c) In issuing an emergency order, the court shall adhere to the following
limitations:

(5) Notwithstanding the provisions of paragraphs (3) and (4) [above] OF
THIS SUBSECTION, the court may extend the terms of the emergency order and the
appointment of the temporary guardian until appointment of a guardian of the person
pursuant to § 13-705 OF THIS SUBTITLE, upon petition of the temporary guardian,
the director, or the Secretary of Aging, as appropriate, and after a showing that the
conditions found to exist in subsection (b) [above] OF THIS SECTION will probably
continue beyond the expiration of the extended emergency order. Such petition shall
be filed before the expiration of the six-day period provided for in paragraph (3)
[above] OF THIS SUBSECTION and shall be accompanied by a petition for
appointment of a guardian of the person pursuant to § 13-705 OF THIS SUBTITLE.