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RULE 10-210. PETITION FOR ASSUMPTION OF JURISDICTION--EMERGENCY PROTECTIVE SERVICES

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 10. Guardians and Other Fiduciaries
Chapter 200. Guardian of Person
MD Rules, Rule 10-210
RULE 10-210. PETITION FOR ASSUMPTION OF JURISDICTION--EMERGENCY PROTECTIVE SERVICES
(a) Who May File. Any interested person may file a petition requesting a court to authorize emergency protective services.
Cross reference: For the statute providing for emergency protective services, see Code, Estates and Trusts Article, § 13-709.
(b) Venue. The petition shall be filed either in the county where the person alleged to need emergency services resides or where the person is physically present.
(c) Contents. The petition shall be captioned, “In the Matter of ...” [stating the name of the person alleged to need emergency protective services]. It shall be signed and verified by the petitioner and shall contain at least the following information:
(1) The name and address of the petitioner and the petitioner's relationship to the person alleged to be in need of emergency protective services.
(2) The name, address, and age of the person alleged to be in need of emergency protective services, and the name, address, and age of the proposed temporary guardian.
(3) A brief description of the disability.
(4) The proposed protective services.
(5) The reason for seeking the assumption of jurisdiction by the court and for the relief sought.
(6) A statement of reasons why the petitioner believes that:
(A) the person alleged to be in need of emergency protective services is living in conditions presenting a substantial risk of death or immediate and serious physical harm to that person or others;
(B) the person alleged to be in need of emergency protective services lacks the capacity to make or communicate responsible decisions; and
(C) no person authorized by law or court order to give consent is available to consent to emergency services.
(7) An explanation of steps taken by the petitioner to obtain the consent of the person alleged to be in need of emergency protective services to the proposed services and the response of the person.
(8) If the person alleged to be in need of emergency protective services is represented by an attorney, the name and address of the attorney. If the person is not represented by an attorney, a request that one be appointed.
Source: This Rule is derived from Code, Estates and Trusts Article, § 13-709 and former Rule R72a and b.

Credits

[Adopted June 5, 1996, eff. Jan. 1, 1997.]
MD Rules, Rule 10-210, MD R GUARD AND FIDUCIARIES Rule 10-210
Current with amendments received through May 15, 2022. Some sections may be more current, see credits for details.
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