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Ch. 250
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2007 Laws of Maryland
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(3) An examination or evaluation by at least one of the health care
professionals under paragraph (2) of this subsection shall occur within 21 days before
filing a petition for guardianship of a disabled person.
(d) (1) Subject to paragraph (2) of this subsection, unless the alleged
disabled person has counsel of his own choice, the court shall appoint an attorney to
represent him in the proceeding. If the person is indigent, the State shall pay a
reasonable attorney's fee.
(2) In any action in which payment for the services of a
court-appointed attorney for the alleged disabled person is the responsibility of the
local department of social services, unless the court finds that it would not be in the
best interests of the alleged disabled person, the court shall:
(i) Appoint an attorney who has contracted with the
Department of Human Resources to provide those services, in accordance with the
terms of the contract; and
(ii) In an action in which an attorney has previously been
appointed, strike the appearance of the attorney previously appointed and appoint the
attorney who is currently under contract with the Department of Human Resources, in
accordance with the terms of the contract.
(e) The person alleged to be disabled is entitled to be present at the hearing
unless he has knowingly and voluntarily waived the right to be present or cannot be
present because of physical or mental incapacity. Waiver or incapacity may not be
presumed from nonappearance but shall be determined on the basis of factual
information supplied to the court by counsel or a representative appointed by the
court. The person alleged to be disabled is also entitled to present evidence and to
cross-examine witnesses. The issue may be determined at a closed hearing without a
jury if the person alleged to be disabled or his counsel so requests and all hearings
herein shall be confidential and sealed unless otherwise ordered by a court of
competent jurisdiction for good cause shown.
(f) The court shall hear and rule on a petition seeking appointment of a
guardian of the person of a disabled person in connection with medical treatment on
an expedited basis.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2007.
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Approved by the Governor, April 24,2007.
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- 1692 -
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