No such proceeding

Protective services may only be provided if the adult consents, unless the department takes action through the Estates and Trust Code.

Generally

Adult Protective Proceedings in Maryland are governed by Md. Code Ann., Fam. Law § 14-101, et seq.  Section 14-103 clarifies that the provisions do not cover situations involving the abuse of individuals in certain institutions, namely, mental health facilities, facilities for people with an intellectual disability, nursing homes, or hospitals, as those terms are defined by other sections of the code.

Consent is generally required to provide protective services through the protective services code

Like in some other states, the department can provide services only if the individual consents.  Section 14-307, which details services provision, states at paragraph (a), “If after the investigation under this subtitle the director determines that the individual requires protective services, with the individual’s consent, the director shall provide the services.” (emphasis added). 

If no consent or if there is an emergency, the matter may be pursued in probate court.

In the event that the adult is “unwilling or unable to accept protective services voluntarily”, or in the event an emergency, the local department may petition the court for the appointment of a guardian of the person or guardian of the property or for an emergency order for protective services. See Md. Code Ann., Fam. Law § 14-307(b).

Alternatively, the department is authorized to contact law enforcement in the event of an emergency, which may if necessary, transport the individual to “an appropriate health facility under § 13-709(a) of the Estates and Trusts Article.”  

For more information about the right to counsel in probate proceedings, please visit Legislation, Guardianship/Conservatorship of Adults – Protected Person.