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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1553*
HOUSE BILL 1553
N2 6lr3338
By: Delegates Alston, Addison, Miller, and T. Morgan
Introduced and read first time: February 13, 2026
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Estates and Trusts – Guardianship of the Person of a Disabled Person – 2
Emergency and Temporary Guardianship Petitions 3
FOR the purpose of requiring an order for guardianship of the person of a disabled person 4
to allow for certain visitation; authorizing an interested person to file a certain 5
petition for guardianship of the person of a disabled person on the grounds that the 6
disabled adult’s current guardian is medically or physically neglecting the adult; 7
requiring a court to hear certain petitions within a certain amount of time; 8
authorizing an interested person to file a certain petition to appoint a temporary 9
guardian of a disabled person; and generally relating to petitions to appoint a 10
guardian of a disabled person. 11
BY repealing and reenacting, with amendments, 12
Article – Estates and Trusts 13
Section 13–705, 13–708, and 13–709 14
Annotated Code of Maryland 15
(2022 Replacement Volume and 2025 Supplement) 16
BY adding to 17
Article – Estates and Trusts 18
Section 13–709.1 19
Annotated Code of Maryland 20
(2022 Replacement Volume and 2025 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Estates and Trusts 24
13–705. 25
2 HOUSE BILL 1553
(a) On petition and after any notice or hearing prescribed by law or the Maryland 1
Rules, a court may appoint a guardian of the person of a disabled person. 2
(b) A guardian of the person shall be appointed if the court determines from clear 3
and convincing evidence that: 4
(1) A per son lacks sufficient understanding or capacity to make or 5
communicate responsible personal decisions, including provisions for health care, food, 6
clothing, or shelter, because of any mental disability, disease, habitual drunkenness, or 7
addiction to drugs; and 8
(2) No less restrictive form of intervention is available that is consistent 9
with the person’s welfare and safety. 10
(c) (1) Procedures and venue in these cases shall be as described by Title 10, 11
Chapters 100 and 200 of the Maryland Rules. 12
(2) Notwithstanding the provisions of paragraph (1) of this subsection, a 13
petition for guardianship of a disabled person shall include signed and verified certificates 14
of competency from the following health care professionals who have examined or evaluated 15
the disabled person: 16
(i) Two licensed physicians; or 17
(ii) 1. One licensed physician; and 18
2. A. One licensed psychologist; 19
B. One licensed certified social worker–clinical; or 20
C. One nurse practitioner. 21
(3) An examination or evaluati on by at least one of the health care 22
professionals under paragraph (2) of this subsection shall occur within 21 days before filing 23
a petition for guardianship of a disabled person. 24
(d) (1) (i) Subject to paragraph (2) of this subsection, unless the alle ged 25
disabled person has counsel of the person’s own choice, the court shall appoint an attorney 26
to represent the person in the proceeding and may require the deposit of an appropriate 27
sum into the court registry or the appointed attorney’s escrow account within 30 days after 28
the order of appointment has been entered, subject to further order of the court. 29
(ii) If the person is indigent, the State shall pay a reasonable 30
attorney’s fee. 31
(iii) The court may not require the deposit of an appropriate sum into 32
the court registry or the appointed attorney’s escrow account under subparagraph (i) of this 33
HOUSE BILL 1553 3
paragraph if payment for the services of the court –appointed attorney for the alleged 1
disabled person is the responsibility of: 2
1. A government agency p aying benefits to the disabled 3
person; 4
2. A local department of social services; or 5
3. An agency eligible to serve as the guardian of the disabled 6
person under § 13–707 of this subtitle. 7
(2) In any action in which payment for the services of a court–appointed 8
attorney for the alleged disabled person is the responsibility of the local department of 9
social services, unless the court finds that it would not be in the best interests of the alleged 10
disabled person, the court shall: 11
(i) Appoint an attorney who has contracted with the Department of 12
Human Services to provide those services, in accordance with the terms of the contract; and 13
(ii) In an action in which an attorney has previously been appointed, 14
strike the appearance of the attorney previously appointed and appoint the attorney who 15
is currently under contract with the Department of Human Services, in accordance with 16
the terms of the contract. 17
(e) (1) (i) The person alleged to be disabled is entitled to be present at the 18
hearing unless the person has knowingly and voluntarily waived the right to be present or 19
cannot be present because of physical or mental incapacity. 20
(ii) Waiver or incapacity may not be presumed from nonappearance 21
but shall be determined on the basis of factual information supplied to the court by counsel 22
or a representative appointed by the court. 23
(2) The person alleged to be disabled is also entitled to present evidence 24
and to cross–examine witnesses. 25
(3) The issue may be determined at a closed hearing wi thout a jury if the 26
person alleged to be disabled or the person’s counsel so requests and all hearings herein 27
shall be confidential and sealed unless otherwise ordered by a court of competent 28
jurisdiction for good cause shown. 29
(f) The court shall hear and rule on a petition seeking appointment of a guardian 30
of the person of a disabled person in connection with medical treatment on an expedited 31
basis. 32
(G) (1) THERE IS A REBUTTABLE PRESUMPTION THAT IT IS IN THE BEST 33
INTERESTS OF A DISAB LED PERSON THAT AN ORDER APPOINTING A G UARDIAN 34
UNDER THIS SECTION S HALL INCLUDE AN ACCE SS SCHEDULE FOR INDI VIDUALS 35
4 HOUSE BILL 1553
RELATED TO THE DISAB LED PERSON BY BLOOD OR MARRIAGE TO ACCES S THE 1
DISABLED PERSON. 2
(2) IF THE COURT DETERMIN ES THAT IT IS IN THE BEST INTERESTS 3
OF THE DISABL ED PERSON , AN ORDER APPOINTING A GUARDIAN UNDER THI S 4
SECTION SHALL INCLUDE AN ACCESS SCHEDULE FOR INDIVIDUALS RELATED TO THE 5
DISABLED PERSON BY BLOOD OR MARRIAGE TO ACCESS THE DISABLED PERSON. 6
13–708. 7
(a) (1) The court may grant to a guardian of a perso n only those powers 8
necessary to provide for the demonstrated need of the disabled person. 9
(2) (i) The court may appoint a guardian of the person of a disabled 10
person for the limited purpose of making one or more decisions related to the health care 11
of that person. 12
(ii) The court may appoint a guardian of the person of a disabled 13
person for a limited period of time if it appears probable that the disability will cease within 14
1 year of the appointment of the guardian. 15
(b) Subject to subsection (a) of this section, the rights, duties, and powers that the 16
court may order include, but are not limited to: 17
(1) The same rights, powers, and duties that a parent has with respect to 18
an unemancipated minor child, except that the guardian is not liable solely by reason of the 19
guardianship to third persons for any act of the disabled person; 20
(2) The right to custody of the disabled person and to establish the disabled 21
person’s place of abode within and without the State, provided there is court authorization 22
for any change in the classification of abode, except that, except as provided under § 23
10–611 of the Health – General Article, no one may be committed to a mental facility 24
without an involuntary commitment proceeding as provided by law; 25
(3) The duty to provide for care, comfort, and maintenance, including 26
social, recreational, and friendship requirements, and, if appropriate, for training and 27
education of the disabled person; 28
(4) If it is in the best interest of the disabled person, the duty to foster and 29
preserve family relationships including, as appropriate, assisting to arrange visitation and 30
communication by telephone calls, personal mail, and electronic communications AND TO 31
COMPLY WITH AN ACCES S SCHEDULE ISSUED BY THE COURT UNDER § 32
13–705 OF THIS SUBTITLE; 33
HOUSE BILL 1553 5
(5) The duty to take reasonable care of the clothing, furniture, vehicles, and 1
other personal effects of the disabled person, and, if other property requires protection, the 2
power to commence protective proceedings; 3
(6) If a gua rdian of the estate of the disabled person has not been 4
appointed, the right to commence proceedings to compel performance by any person of the 5
person’s duty to support the disabled person, and to apply the estate to the support, care, 6
and education of the disabled person, except that the guardian of the person may not obtain 7
funds from the estate for room and board that the guardian, the guardian’s spouse, parent, 8
or child provide without a court order approving the charge, and the duty to exercise care 9
to conserve any excess estate for the needs of the disabled person; 10
(7) If a guardian of the estate has been appointed, the duty to control the 11
custody and care of the disabled person, to receive reasonable sums for room and board 12
provided to the disabled person, and to account to the guardian of the estate for funds 13
expended, and the right to ask the guardian of the estate to expend the estate in payment 14
of third persons for care and maintenance of the disabled person; 15
(8) (i) The duty to file an annua l or biannual report with the court 16
indicating the present place of residence and health status of the ward, the guardian’s plan 17
for preserving and maintaining the future well –being of the ward, and the need for 18
continuance or cessation of the guardianship or for any alteration in the powers of the 19
guardian; and 20
(ii) On receipt of a report under item (i) of this item: 21
1. The court shall renew the appointment of the guardian if 22
the court is satisfied that the grounds for the original appointment stated in § 13–705(b) of 23
this subtitle continue to exist; 24
2. If the court believes such grounds may not exist, the court 25
shall hold a hearing, similar to that provided for in § 13 –705 of this subtitle, at which the 26
guardian shall be required to prove that such grounds exist; 27
3. If the court does not make these findings, the court shall 28
order the discontinuance of the guardianship of the person; and 29
4. If the guardian declines to participate in the hearing, the 30
court may appoint another guardian to replace the guardian pursuant to the priorities in § 31
13–707(a) of this subtitle; and 32
(9) The power to give necessary consent or approval for: 33
(i) Medical or other professional care, counsel, treatment, or service, 34
including admission to a hospita l or nursing home or transfer from one medical facility to 35
another; 36
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(ii) Withholding medical or other professional care, counsel, 1
treatment, or service; and 2
(iii) Withdrawing medical or other professional care, counsel, 3
treatment, or service. 4
(c) (1) Notwithstanding the powers conferred to a guardian under subsection 5
(b)(8) of this section, and except as provided in paragraph (2) of this subsection, where a 6
medical procedure involves, or would involve, a substantial risk to the life of a disabled 7
person, the court must authorize a guardian’s consent or approval for: 8
(i) The medical procedure; 9
(ii) Withholding the medical procedure; or 10
(iii) Withdrawing the medical procedure that involves, or would 11
involve, a substantial risk to the life of the disabled person. 12
(2) The court may, upon such conditions as the court considers appropriate, 13
authorize a guardian to make a decision regarding medical procedures that involve a 14
substantial risk to life without further court authorization, if: 15
(i) The disabled person has executed an advance directive in 16
accordance with Title 5, Subtitle 6 of the Health – General Article that authorizes the 17
guardian to consent to the provision, withholding or withdrawal of a medical procedure 18
that involves a substantial risk to life but does not appoint a health care agent; or 19
(ii) The guardian is: 20
1. Within a class of individuals specified in § 5 –605(a)(2) of 21
the Health – General Article as authorized to make health care decisions for the disabled 22
person; and 23
2. Determined by the court to be familiar with the personal 24
beliefs, values, and medical situation of the disabled person. 25
(3) A petition seeking the authorization of a court that a life –sustaining 26
procedure be withheld or withdrawn is subject to the provisions of §§ 13 –711 through 27
13–713 of this subtitle. 28
(d) (1) Notwithstanding subsection (a) of this section, and in addition to the 29
rights, duties, and powers which the court may order under subsection (b) of this section, 30
the court may order the relief provided under this subsection. 31
(2) (i) If a guardian of the estate has been appointed, a guardian of the 32
person may ask the guardian of the estate to expend the estate in payment of care and 33
HOUSE BILL 1553 7
maintenance services provided directly to the disabled person by the guardian of the person 1
at the rate of reimbursement established under this subsection. 2
(ii) The guardian of the person shall maintain appropriate records to 3
document the care and maintenance services provided directly to the disabled person to 4
receive any payment under this subsection. 5
(3) To implement the provisions of this subsection, the court may: 6
(i) Adopt guidelines for the rate of reimbursement for care and 7
maintenance services provided directly by the guardian of the person to a disabled person; 8
(ii) Establish appropriate procedures for records, inspections, audits, 9
or other requirements to monitor ca re and maintenance services provided directly by the 10
guardian of the person for which the guardian of the person is reimbursed; and 11
(iii) Order any act necessary for the best interests of the disabled 12
person. 13
(e) Notwithstanding subsection (a) of thi s section, and in addition to the rights, 14
duties, and powers that the court may order under subsection (b) of this section, the court 15
may order the guardian of a person with a disability to serve as a victim’s representative 16
to assert the person’s interests if: 17
(1) There is no victim’s representative who can adequately assert the 18
person’s rights as a victim of a crime or a delinquent act; and 19
(2) No court has appointed a guardian ad litem to protect the person’s 20
interests. 21
(F) AN INTERESTED PERSON MAY FILE A PETITION F OR EMERGENCY OR 22
TEMPORARY GUARDIANSH IP FOR A DISABLED PE RSON ON THE BELIEF T HAT A 23
DISABLED PERSON ’S CURRENT GUARDIAN IS MEDICALLY OR PHYS ICALLY 24
NEGLECTING THE DISAB LED PERSON , IN ACCORDANCE WITH §§ 13–709 AND 25
13–709.1 OF THIS SUBTITLE. 26
13–709. 27
(a) (1) A law enforcement officer shall transport an adult to an appropriate 28
medical facility, which shall immediately notify the next of kin and the director, when, from 29
personal observation of the officer, it appears probable that: 30
(i) The adult will suffer immediate and serious physical injury or 31
death if not immediately placed in a health care facility; 32
(ii) The adult is incapable of giving consent; and 33
8 HOUSE BILL 1553
(iii) It is not possible to follow the procedures of this section. 1
(2) The medical care provided under paragraph (1) of this subsection may 2
not be rendered in a State mental facility other than, in an appropriate case, the Walter P. 3
Carter Community Mental Health and Retardation Center and the Highland Health 4
Facility unless authorized by the courts in a civil commitment proceeding. 5
(3) (i) The director shall file a petition for any adult transferred under 6
this subsection pursuant to subsection (b) of this section within 24 hours after the transfer 7
of the person has taken place. 8
(ii) The court shall hold a hearing on the petition and render its 9
decision within 48 hours after the transfer has occurred. 10
(b) Upon petition by an interested person, a court may issue an order authorizing 11
the provision of protective services o n an emergency basis to an adult after finding on the 12
record, based on [clear and convincing] A PREPONDERANCE OF THE evidence, that: 13
(1) For the purpose of this section the person lacks capacity under the 14
standards enumerated in § 13–705(b) of this subtitle; 15
(2) (I) An emergency exists, as defined in § 13–101 of this title; OR 16
(II) THE PERSON IS ALREADY IN A GUARDIANSHIP AND IS BEING 17
MEDICALLY OR PHYSICALLY NEGLECTED; and 18
(3) [No] UNLESS THE BASIS OF T HE EMERGENCY PETITIO N IS THAT 19
THE PERSON IS BEING NEGLECTED BY THE CURRENT GUARDIAN OF THE PERSON, NO 20
person authorized by law or court order to give consent for the person is available to consent 21
to emergency services. 22
(C) A PETITION FILED BY AN INTERESTED PERSON UN DER THIS SECTION 23
SHALL BE HEARD AND RULED ON WITHIN 1 BUSINESS DAY AFTER THE FILING OF THE 24
PETITION. 25
[(c)] (D) In issuing an emergency order, the court shall adhere to the following 26
limitations: 27
(1) Only such protective services as are necessary to remove the conditions 28
creating the emergency shall be ordered; the court shall specifically designate the approved 29
services in its order; 30
(2) Protective services authorized by an emergency order shall not include 31
hospitalization or a change of residence unless the court spec ifically finds such action is 32
necessary and gives specific approval for such action in its order; 33
HOUSE BILL 1553 9
(3) Protective services may be provided under an initial emergency order 1
for not more than 144 hours, and the initial order may be renewed as provided in paragraph 2
(5) of this subsection; 3
(4) In its order the court shall appoint the petitioner, another interested 4
person, the director, or the Secretary of Aging as [temporary] EMERGENCY guardian of 5
the person with responsibility for the person’s welfare and authority to give consent for the 6
person for the approved protective services until the expiration of the order; 7
(5) (i) Notwithstanding the provisions of paragraphs (3) and (4) of this 8
subsection, the court may extend the terms of the emergency order and the appointment of 9
the [temporary] EMERGENCY guardian until appointment of a guardian of the person 10
pursuant to § 13 –705 of this subtitle OR THE APPOINTMENT O F A TEMPORARY 11
GUARDIAN IN ACCORDANCE WITH § 13–709.1 OF THIS SUBTITLE , on petition of the 12
[temporary] EMERGENCY guardian, the director, or the Secretary of Aging, as appropriate, 13
and after a showing that the conditions found to exist in subsection (b) of this section will 14
probably continue beyond the expiration of the extended emergency order; 15
(ii) A petition under subparagraph (i) of this paragraph shall be filed 16
before the expiration of the 6 –day period provided for in paragraph (3) of this subsection 17
and shall be accompanied by a petition for appointment of a guardian of the person 18
pursuant to § 13–705 of this subtitle; and 19
(iii) A petition for appointment of a guardian of the person under 20
subparagraph (ii) of this paragraph shall be heard on an expedited basis no more than 60 21
days after the filing of the petition; 22
(6) The issuance o f an emergency order and the appointment of [a 23
temporary] AN EMERGENCY guardian shall not deprive the person of any rights except to 24
the extent provided for in the order or appointment; [and] 25
(7) (i) To implement an emergency order, the court may author ize 26
forcible entry of the premises of the person for the purpose of rendering protective services 27
or transporting the person to another location for the provision of protective services only 28
after a showing to the court that attempts to gain voluntary acce ss to the premises have 29
failed and forcible entry is necessary; and 30
(ii) Persons making authorized forcible entry under subparagraph 31
(i) of this paragraph shall be accompanied by a law enforcement officer, the director or the 32
director’s representative, and if appropriate, a representative of the local department of 33
health; AND 34
(8) (I) THERE IS A REBUTTABLE PRESUMPTION THAT IT IS IN THE 35
BEST INTERESTS OF A DISABLED PERSON THAT AN ORDER APPOINTING A GUARDIAN 36
UNDER THIS SECTION S HALL INCLUDE AN ACCE SS S CHEDULE FOR INDIVIDU ALS 37
10 HOUSE BILL 1553
RELATED TO THE DISAB LED PERSON BY BLOOD OR MARRIAGE TO ACCES S THE 1
DISABLED PERSON; AND 2
(II) IF THE COURT DETERMIN ES THAT IT IS IN THE BEST 3
INTERESTS OF THE DIS ABLED PERSON , AN ORDER APPOINTING AN EMERGENCY 4
GUARDIAN UNDER THIS SECTION SHALL INCLUDE AN ACCESS SCHEDULE F OR 5
INDIVIDUALS RELATED TO THE DISABLED PERS ON BY BLOOD OR MARRI AGE TO 6
ACCESS THE DISABLED PERSON. 7
[(d)] (E) The petition for an emergency order shall set forth: 8
(1) The name, address, and interest of the petitioner; 9
(2) The name, age, and address of the person in need of protective services; 10
(3) IF APPLICABLE, THE NAME, AGE, AND ADDRESS OF THE PERSON’S 11
CURRENT GUARDIAN; 12
(4) The nature of the person’s disability, if determinable; 13
[(4)] (5) The proposed protective services; 14
[(5)] (6) The petitioner’s reasonable belief, together with supportive facts, 15
as to the existence of the facts stated in subsection (b)(1) through (3) of this section; [and] 16
[(6)] (7) [Facts] IF APPLICABLE , FACTS showing the petitioner’s 17
attempts to obtain the person’s consent to the services and the outcomes of the attempts ; 18
AND 19
(8) IF APPLICABLE, FACTS SHOWING THAT T HE PERSON’S CURRENT 20
GUARDIAN IS MEDICALLY OR PHYSICALLY NEGLECTING THE PERSON. 21
[(e)] (F) (1) Notice of the filing of the petition for an emergency order shall be 22
given as required in the Maryland Rules and to the director. 23
(2) The notice shall be given in language reasonably understandable by the 24
intended recipients [at least 24 hours] AS SOON AS PRACTICABLE before the hearing for 25
emergency intervention. 26
(3) The court may waive the [24–hour] notice requirement on a showing 27
that: 28
(i) Immediate and reasonably foreseeable physical harm to the 29
person or others will result from the [24–hour] delay; and 30
HOUSE BILL 1553 11
(ii) Reasonable attempts have been made to give notice. 1
(4) Notice of the court’s final order shall be given to the same parties as 2
required under paragraph (1) of this subsection. 3
[(f)] (G) (1) The hearing on a petition for an emergency order for protective 4
services shall be held under the following conditions: 5
(i) 1. The person OR THE PERSON ’S GUARDIAN , WHERE 6
APPLICABLE, shall be present unless the person OR THE PERSON’S GUARDIAN, WHERE 7
APPLICABLE, has knowingly and voluntarily waived the right to be present or cannot be 8
present because of physical or mental incapacity; and 9
2. Waiver or incapacity may not be presumed from 10
nonappearance but shall be determined on the basis of factual information supplied to the 11
court by counsel or a representative appointed by the court; 12
(ii) 1. The person has the right to counsel whether or not the 13
person is present at the hearing; 14
2. Subject to paragraph (2) of this subsection, if the person is 15
indigent or lacks the capacity to waive counsel, the court shall appoint counsel; and 16
3. If the person is indigent, the State shall pay reasonable 17
attorney’s fees; and 18
(iii) 1. The person may present evidence and cross –examine 19
witnesses; and 20
2. The hearing shall be held [no earlier than 24 hours] after 21
the notice required in subsection [(e)] (F) of this section has been given, unless such notice 22
has been waived by the court. 23
(2) In any action in which payment for the services of a court –appointed 24
attorney for the person is the responsibility of the local department of social services, unless 25
the court finds that it would not be in the best interests of the person, the court shall: 26
(i) Appoint an attorney who has contracted with the Department of 27
Human Services to provide those services, in accordance with the terms of the contract; and 28
(ii) In an action in which an attorney has previously been appointed, 29
strike the appearance of the attorney previously appointed and appoint the attorney who 30
is currently under contract with the Department of Human Services, in accordance with 31
the terms of the contract. 32
12 HOUSE BILL 1553
[(g)] (H) The court shall issue for the record a statement of its findings in support 1
of any order for emergency protective services. 2
[(h)] (I) The person, the [temporary] EMERGENCY guardian, or any interested 3
person may petition the court to have the emergency order set aside or modified at any 4
time, notwithstanding any prior findings by the court that the person is disabled. 5
[(i)] (J) (1) If protective services are rendered on the basis of an emergency 6
order, the [temporary] EMERGENCY guardian shall submit a report describing the 7
circumstances including the name, place, date, and nature of the services, and the use of 8
forcible entry, if any, to the court and the director. 9
(2) The report under this subsection shall become part of the court record. 10
[(j)] (K) The person or the guardian of the person may appeal any findings of a 11
court under subsection (b) of this section. Such appeal shall be handled on an expedited 12
basis by the appellate court. 13
13–709.1. 14
(A) ON PETITION BY AN INTER ESTED PERSON , A COURT MAY ISSUE AN 15
ORDER AUTHORIZING THE PROVISION OF PROTECTIVE SERVICES ON A TEMPORARY 16
BASIS TO AN ADULT AFTER FINDING ON THE RECORD BASED ON A PREPONDERANCE 17
OF THE EVIDENCE THAT: 18
(1) FOR THE PURPOSE OF TH IS SECTION , THE PERSON LACKS 19
CAPACITY UNDER THE STANDARDS ENUMERATED IN § 13–705(B) OF THIS SUBTITLE; 20
(2) (I) AN EMERGENCY EXISTS , AS DEFINED IN § 13–101 OF THIS 21
TITLE; OR 22
(II) THE PERSON IS CURRENTLY UNDER A GUARDIANSHIP AND 23
IS BEING MEDICALLY OR PHYSICALLY NEGLECTED; AND 24
(3) UNLESS THE BASIS OF T HE TEMPORARY PETITIO N IS THAT THE 25
PERSON IS BEING NEGL ECTED BY THE CURRENT GUARDIAN OF THE PERSON , NO 26
PERSON AUTHORIZED BY LAW OR COURT ORDER TO GIVE CONSENT FOR THE PERSON 27
IS AVAILABLE TO CONSENT TO EMERGENCY SERVICES. 28
(B) A PETITION FILED BY AN INTERESTED PERSON UN DER THIS SECTION 29
SHALL BE HEARD AND RULED ON WITHIN 7 CALENDAR DAYS AFTER THE FILING OF 30
THE PETITION. 31
HOUSE BILL 1553 13
(C) IN ISSUING A TEMPORARY ORDER, THE COURT SHALL ADHE RE TO THE 1
FOLLOWING REQUIREMENTS AND LIMITATIONS: 2
(1) ONLY THE PROTECTIVE SERVICES THAT ARE NECESSARY TO 3
REMOVE THE CONDITIONS CREATING THE EMERGENCY MAY BE ORDERED AND THE 4
COURT SHALL SPECIFICALLY DESIGNATE THE APPROVED SERVICES IN THE ORDER; 5
(2) PROTECTIVE SERVICES A UTHORIZED BY A TEMPORARY ORDER 6
MAY NOT INCLUDE HOSPITAL IZATION OR A CHANGE OF RESIDENCE UNLESS THE 7
COURT SPECIFICALLY F INDS THE ACTION IS NECESSARY AND GIVES SPECIFIC 8
APPROVAL FOR THE ACTION IN THE ORDER; 9
(3) PROTECTIVE SERVICES MAY BE PROVIDED UNDER A TEMPORARY 10
ORDER ONLY UNTIL APPOINTMENT OF A GUARDIAN OF THE PE RSON IN 11
ACCORDANCE WITH § 13–705 OF THIS SUBTITLE; 12
(4) THE ISSUANCE OF A TEMPORARY ORDER AND THE APPOINTMENT 13
OF A TEMPORARY GUARD IAN MAY NOT DEPRIVE THE PERS ON OF ANY RIGHTS 14
EXCEPT TO THE EXTENT PROVIDED FOR IN THE ORDER OR APPOINTMENT; 15
(5) (I) TO IMPLEMENT A TEMPORARY ORDER, THE COURT MAY 16
AUTHORIZE FORCIBLE ENTRY OF THE PREMISES OF THE PERSON FOR THE PURPOSE 17
OF RENDERING PROTECT IVE SERVICES OR TRAN SPORTING THE PERSON TO 18
ANOTHER LOCATION FOR THE PROVISION OF PROTECTIVE SERVICES ONLY AFTER A 19
SHOWING TO THE COURT THAT ATTEMPTS TO GAI N VOLUNTARY ACCESS T O THE 20
PREMISES HAVE FAILED AND FORCIBLE ENTRY IS NECESSARY; AND 21
(II) PERSONS MAKING AUTHOR IZED FORCIBLE ENTRY UNDER 22
ITEM (I) OF THIS ITEM SHALL BE ACCOMPANIED BY A LAW ENFORCEMENT OFFICER, 23
THE DIRECTOR, OR THE DIRECTOR ’S REPRESENTATIVE, AND, IF APPROPRIATE, A 24
REPRESENTATIVE OF THE LOCAL DEPARTMENT OF HEALTH; AND 25
(6) AN ORDER APPOINTING A T EMPORARY GUARDIAN UN DER THIS 26
SECTION SHALL INCLUDE AN ACCESS SCHEDULE FOR INDIVIDUALS RELATED TO THE 27
DISABLED PERSON BY B LOOD OR MARRIAGE TO ACCESS THE D ISABLED PERSON, 28
UNLESS THE COURT DETERMINES THAT AN ACCESS SCHEDULE IS NOT IN THE BEST 29
INTERESTS OF THE DISABLED PERSON. 30
(D) THE PETITION FOR A TEMPORARY ORDER SHALL INCLUDE: 31
(1) THE NAME, ADDRESS, AND INTEREST OF THE PETITIONER; 32
14 HOUSE BILL 1553
(2) THE NAME , AGE, AND ADDRESS OF THE P ERSON IN NEED OF 1
PROTECTIVE SERVICES; 2
(3) IF APPLICABLE, THE NAME, AGE, AND ADDRESS OF THE PERSON’S 3
CURRENT GUARDIAN; 4
(4) THE NATURE OF THE PERSON’S DISABILITY, IF DETERMINABLE; 5
(5) THE PROPOSED PROTECTIVE SERVICES; 6
(6) THE PETITIONER’S REASONABLE BELIEF , TOGETHER WITH 7
SUPPORTIVE FACTS, AS TO THE EXISTENCE OF THE FACTS STATED IN SUBSECTION 8
(A)(1) THROUGH (3) OF THIS SECTION; 9
(7) IF APPLICABLE , FACTS SHOWING THE PETITION ER’S ATTEMPTS 10
TO OBTAIN THE PERSON’S CONSENT TO THE SERVICES AND THE OUTCOMES OF THE 11
ATTEMPTS; AND 12
(8) IF APPLICABLE, FACTS SHOWING THAT T HE PERSON’S CURRENT 13
GUARDIAN IS MEDICALLY OR PHYSICALLY NEGLECTING THE PERSON. 14
(E) (1) NOTICE OF THE FILING OF THE PETITION FOR A TEMPORARY 15
ORDER SHALL BE GIVEN AS REQUIRED IN THE MARYLAND RULES AND TO THE 16
DIRECTOR. 17
(2) THE NOTICE SHALL BE G IVEN IN A LANGUAGE REASONABLY 18
UNDERSTANDABLE BY THE INTENDED RECIPIENTS AT LEAST 24 HOURS BEFORE THE 19
HEARING FOR TEMPORARY INTERVENTION. 20
(3) THE COURT MAY WAIVE THE 24–HOUR NOTICE REQUIREMENT ON 21
A SHOWING THAT: 22
(I) IMMEDIATE AND REASONA BLY FORESEEABLE PHYS ICAL 23
HARM TO THE PERSON OR OTHERS WILL RESULT FROM THE 24–HOUR DELAY; AND 24
(II) REASONABLE ATTEMPTS H AVE BEEN MADE TO GIV E 25
NOTICE. 26
(4) NOTICE OF THE COURT ’S FINAL ORDER SHALL BE GIVEN TO THE 27
SAME PARTIES AS REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION. 28
(F) (1) THE HEARING ON A PETI TION FOR A TEMPORARY ORDER FOR 29
PROTECTIVE SERVICES SHALL BE HELD UNDER THE FOLLOWING CONDITIONS: 30
HOUSE BILL 1553 15
(I) 1. THE PERSON , OR THE PERSO N’S GUARDIAN , IF 1
APPLICABLE, SHALL BE PRESENT UNL ESS THE PERSON , OR THE PERSON ’S 2
GUARDIAN, IF APPLICABLE, HAS KNOWINGLY AND VOLUNTARILY WAIVED THE RIGHT 3
TO BE PRESENT OR CAN NOT BE PRESENT BECAU SE OF PHYSICAL OR ME NTAL 4
INCAPACITY; AND 5
2. WAIVER OR INCAPACITY MAY NOT B E PRESUMED 6
FROM NONAPPEARANCE B UT SHALL BE DETERMIN ED ON THE BASIS OF F ACTUAL 7
INFORMATION SUPPLIED TO THE COURT BY COUN SEL OR A REPRESENTAT IVE 8
APPOINTED BY THE COURT; 9
(II) 1. THE PERSON HAS THE RIGHT TO COUNSEL WHETHER 10
OR NOT THE PERSON IS PRESENT AT THE HEARING; 11
2. SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, IF 12
THE PERSON IS INDIGENT OR LACKS THE CAPACITY TO WAIVE COUNSEL, THE COURT 13
SHALL APPOINT COUNSEL; AND 14
3. IF THE PERSON IS INDI GENT, THE STATE SHALL PAY 15
REASONABLE ATTORNEY’S FEES; AND 16
(III) 1. THE PERSON , OR THE PERSON ’S GUARDIAN, WHERE 17
APPLICABLE, MAY PRESENT EVIDENCE AND CROSS–EXAMINE WITNESSES; AND 18
2. THE HEARING SHALL BE HELD NOT EARLIER THAN 24 19
HOURS AFTER THE NOTI CE REQUIRED IN SUBSE CTION (E) OF THIS SECTION HAS 20
BEEN GIVEN, UNLESS SUCH NOTICE HAS BEEN WAIVED BY THE COURT. 21
(2) IN ANY ACTION IN WHIC H PAYMENT FOR THE SE RVICES OF A 22
COURT–APPOINTED ATTORNEY F OR THE PERSON IS THE RESPONSIBILITY OF THE 23
LOCAL DEPARTMENT OF SOCIAL SERVICES , UNLESS THE COURT FIN DS THAT IT 24
WOULD NOT BE IN THE BEST INTERESTS OF THE PERSON, THE COURT SHALL: 25
(I) APPOINT AN ATTORNEY W HO HAS CONTRACTED WI TH THE 26
DEPARTMENT OF HUMAN SERVICES TO PROVIDE THOSE SERVICES IN ACCORDANCE 27
WITH THE TERMS OF THE CONTRACT; AND 28
(II) IN AN ACTION IN WHICH AN ATTORNEY HAS PREV IOUSLY 29
BEEN APPOINTED , STRIKE THE APPEARANC E OF THE ATTORNEY PR EVIOUSLY 30
APPOINTED AND APPOIN T THE ATTORNEY WHO I S CURRENTLY UNDER CO NTRACT 31
WITH THE DEPARTMENT OF HUMAN SERVICES IN ACCORDANCE WITH THE TERMS 32
OF THE CONTRACT. 33
16 HOUSE BILL 1553
(G) THE COURT SHALL ISSUE FOR THE RECORD A STA TEMENT OF THE 1
COURT’S FINDINGS IN SUPPORT OF ANY ORDER FOR TEMPORARY PROTECTIVE 2
SERVICES. 3
(H) THE PERSON , THE TEMPORARY GUARDI AN, OR ANY INTERESTED 4
PERSON MAY PETITION THE COURT TO HAVE THE TEMPORARY ORDER SET ASIDE OR 5
MODIFIED AT ANY TIME , NOTWITHSTANDING ANY PRIOR FINDINGS BY TH E COURT 6
THAT THE PERSON IS DISABLED. 7
(I) (1) IF PROTECTIVE SERVICE S ARE RENDERED ON TH E BASIS OF A 8
TEMPORARY ORDER, THE TEMPORARY GUARDI AN SHALL SUBMIT A RE PORT 9
DESCRIBING THE CIRCU MSTANCES, INCLUDING THE NAME , PLACE, DATE, AND 10
NATURE OF THE SERVICES AND THE USE OF FORCIBLE ENTRY, IF ANY, TO THE COURT 11
AND THE DIRECTOR. 12
(2) THE REPORT UNDER THIS SUBSECTION SHALL BECOME PART OF 13
THE COURT RECORD. 14
(J) (1) THE PERSON, OR THE GUARDIAN OF T HE PERSON, MAY APPEAL 15
ANY FINDINGS OF A COURT UNDER SUBSECTION (A) OF THIS SECTION. 16
(2) AN APPEAL SHALL BE HANDLED ON AN EXPEDITED BASIS BY THE 17
APPELLATE COURT. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2026. 20