(a) Hearing Required. The necessity for emergency protective services shall be determined by the court after a hearing.

(b) Conduct of Hearing. The person alleged to be in need of emergency protective services is entitled to be present at the hearing unless the person has knowingly and voluntarily waived the right to be present. Waiver may not be presumed from nonappearance but shall be determined on the basis of factual information supplied by the person's attorney or a representative appointed by the court. Upon motion by or on behalf of the person alleged to be in need of emergency protective services that, because of his or her disability, the person cannot attend a hearing at the courthouse, the court may hold the hearing at a place to which the person has reasonable access. The person has a right to counsel and to present evidence and cross-examine witnesses.

Source: This Rule is derived from Code, Estates and Trusts Article, § 13-709(f).