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RULE 10-213. ORDER

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 10-213
RULE 10-213. ORDER
(a) Generally. The court may issue an order authorizing the provision of protective services on an emergency basis after a finding on the record that the allegations required by Rule 10-210(c)(6) are established by clear and convincing evidence. An order shall either be in writing or, if dictated into the record, transcribed by the court reporter immediately and placed into the record.
(b) Appointment of Temporary Guardian. In its order the court shall appoint a temporary guardian who can give consent on behalf of the disabled person for the approved protective services until the expiration of the order.
(c) Duration of Order. The order shall expire 144 hours after it is issued, unless extended pursuant to section (d) of this Rule.
(d) Extension of Order. The court may further extend the emergency order and the appointment of the temporary guardian until appointment of a guardian of the person upon (1) a petition of the temporary guardian filed before the expiration of the emergency order, accompanied by a petition for the appointment of a guardian of the person, and (2) a showing that the situation described in Rule 10-210(c)(6) will probably continue or recur if the emergency order is not further extended. The petition for appointment of a guardian shall be heard on an expedited basis not later than 60 days after it is filed.
(e) Report of Temporary Guardian. When protective services are rendered on the basis of an emergency order, the temporary guardian shall submit a report to the court describing the services and outcome and any forcible entry used to obtain custody of the person. The report shall become a part of the court record. The temporary guardian shall also send a copy of the report to
(1) the disabled person and the attorney for the disabled person, and
(2) the director of the local department of social services if the disabled person is under 65, or
(3) the director of the local office on aging if the disabled person is 65 or older, and
(4) any other person or entity as required by the court or by law.
Cross reference: Code, Human Services Article, Title 10.
Source: This Rule is derived from Code, Estates and Trusts Article, ยง 13-709.


[Adopted June 5, 1996, eff. Jan. 1, 1997. Amended Dec. 4, 2007, eff. Jan. 1, 2008.]
MD Rules, Rule 10-213, MD R GUARD AND FIDUCIARIES Rule 10-213
Current with amendments received through May 15, 2022. Some sections may be more current, see credits for details.
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