Section 13-711 – Definitions
(a) In this Part III of this subtitle the following words have the meanings indicated. (b) “Best interest” means that the benefits to the disabled person resulting from a treatment outweigh the burdens to the disabled person resulting from that treatment, taking into account: (1) The effect of the treatment on the physical, emotional, and cognitive functions of […]
Section 13-712 – Substituted Judgment; Evidence
(a) The court may approve a request for the withholding or withdrawal of a life-sustaining procedure from a disabled person on the basis of a substituted judgment. (b) The court may make a substituted judgment under subsection (a) of this section only on the basis of clear and convincing evidence that the disabled person would, if competent, […]
Section 13-713 – Best Interest of a Disabled Person
(a) If the court is unable to make a substituted judgment under § 13-712 of this subtitle, the court may approve a request for the withholding or withdrawal of a life-sustaining procedure from the disabled person if the court determines, on the basis of clear and convincing evidence, that the withholding or withdrawal is in the […]
Section 13-607 – Time Limitation to File Action — Criminal Prosecution Time Period Excepted
(a) Except as provided in subsection (b) of this section, an action under this subtitle shall be commenced within 5 years after the susceptible adult or older adult, or the susceptible adult’s or older adult’s representative discovers or, through the exercise of reasonable diligence, should have discovered the facts constituting financial exploitation. (b) (1) If a criminal prosecution […]
Section 13-801 – Administrator of Veterans Affairs as Interested Person
(a) The Secretary of Veterans Affairs shall be an interested person in: (1) Any proceeding for the appointment, removal, or discharge of any guardian who is receiving or expects to receive any money from the U.S. Department of Veterans Affairs for a minor or disabled person who is a U.S. Department of Veterans Affairs beneficiary; and (2) Any […]
Section 13-608 – Liberal Purpose and Construction in Application of Subtitle
(a) This subtitle shall be construed and applied liberally to promote its purpose of deterring and remedying the financial exploitation of susceptible adults and older adults. (b) This subtitle is not intended to alter or amend the burdens of proof or presumptions required by law.
Section 13-802 – Evidence of Necessity for Appointment
If a petition is filed for the appointment of a guardian for a minor who is a U.S. Department of Veterans Affairs beneficiary, a certificate of the Secretary or the Secretary’s authorized representative, setting forth the age of the minor as shown by the records of the U.S. Department of Veterans Affairs and the fact […]
Section 13-609 – Liberal Purpose and Construction in Application of Subtitle
This subtitle may be cited as the Maryland Statute Against Financial Exploitation (SAFE) Act.
Section 13-803 – Bond of Guardian
(a) The court, on the request of the U.S. Department of Veterans Affairs, shall require a guardian, other than a corporate guardian, to furnish a bond, preferably a corporate surety bond with sureties approved by the court, conditioned on faithful discharge of all duties of the guardianship according to law, if: (1) The U.S. Department of Veterans […]
Section 13-701 – Testamentary Appointment of Guardian of a Minor
(a) Unless prohibited by agreement or court order, the surviving parent of a minor may appoint by will one or more guardians and successor guardians of the person of an unmarried minor. (b) The guardian need not be approved by or qualify in any court.