(a) On petition, and after any notice or hearing prescribed by law or the Maryland Rules, the court may appoint a guardian of the property of a minor or a disabled person. (b) A guardian shall be appointed if the court determines that: (1) A minor owns or is entitled to property that requires management or protection; or […]
Venue in proceedings under this subtitle shall be as provided by the Maryland Rules.
(a) (1) While a petition for appointment of a guardian or other protective order is pending, the court may preserve and apply the property of the alleged disabled person or minor as may be required. (2) The court need not give notice to other persons. (b) (1) The court may not exercise the power conferred by subsection (a) of this […]
(a) (1) If a basis exists as described in § 13–201 of this subtitle for assuming jurisdiction over the property of a minor or disabled person, the circuit court, without appointing a guardian, may authorize or direct a transaction with respect to the property, service, or care arrangement of the minor or disabled person. (2) The transactions described […]
An adjudication under this subtitle shall have no bearing on the issue of whether the alleged disabled person has the capacity for self–care.
(a) Subject to the provisions of § 13-207 of this subtitle, the court may appoint as guardian of the estate of a minor or disabled person: (1) Any individual; (2) Any trust company; or (3) Any other corporation authorized by law to serve as a trustee. (b) The appointed guardian shall qualify by filing any required bond. (c) (1) (i) The appointment and […]
(a) Persons are entitled to appointment as guardian for a minor or disabled person according to the following priorities: (1) A conservator, committee, guardian of property, or other like fiduciary appointed by any appropriate court of any foreign jurisdiction in which the minor or disabled person resides; (2) A person or corporation nominated by the minor or disabled […]
(a) Where the instrument nominating a guardian excuses a noncorporate guardian from furnishing bond, the court shall not require a bond unless exceptional circumstances are shown to exist which make it necessary to require a bond for the safety of those interested in the administration of the estate. (b) A corporate guardian shall not be required to […]
Inventory and accounting in proceedings under this subtitle shall be as provided by the Maryland Rules.
(a) (1) Subject to paragraph (2) of this subsection, a guardian of the property of a minor or disabled person may petition the court to deposit cash belonging to the minor or disabled person in an amount not exceeding $200,000 into a single restricted account. (2) (i) If the amount of cash belonging to a minor or disabled person […]
(a) An interested person may file a petition for an order: (1) Requiring bond, security, additional bond, or security in an estate where bond can be required; (2) Requiring an accounting of the administration of the estate; (3) Directing distribution; (4) Removing the guardian and appointing a successor guardian; or (5) Granting other appropriate relief. (b) A guardian may petition the appointing […]
(a) There shall be no jury trial in protective proceedings. Procedures for notice to interested persons, the forms of petitions, and the conduct of and requirements at hearings are as provided in the Maryland Rules. (b) Unless the alleged disabled person has chosen counsel, the court shall appoint an attorney to represent the alleged disabled person in […]
A guardian shall exercise the care and skill of a person of ordinary prudence dealing with the person’s own property in the administration of the estate and the exercise of the guardian’s powers.
All the provisions of § 15–102 of this article with respect to the powers of a fiduciary and the manner of exercise of those powers and Title 15, Subtitle 6 of this article are applicable to a guardian.
(a) In this section, “family member” means a child, a parent, a spouse, a grandparent, a brother, a sister, an uncle, or an aunt by blood, adoption, or marriage. (b) (1) Except as provided in paragraph (2) of this subsection, a guardian may distribute or disburse property without court authorization or confirmation in accordance with this section. (2) A […]
(a) Any limitation on the powers of a guardian contained in a will or other instrument which nominated a guardian should ordinarily be imposed by the court on the guardian. (b) If the court limits any power conferred on the guardian by § 13–214 of this subtitle or § 15–102 of this article, the limitation shall be […]
(a) If the exercise of a power is improper, the guardian is liable for breach of the guardian’s fiduciary duty to the minor or disabled person or to interested persons for resulting damage or loss to the same extent as a trustee of an express trust. (b) The rights of purchasers and others dealing with a guardian […]
(a) (1) Letters of guardianship may be recorded in the land records of the county of residence of the minor or disabled person and of any other county where there is real estate in which the estate has an interest. (2) The recordation has the same effect as notice as recording a conveyance from the minor or disabled […]
(a) (1) Except in unusual circumstances and as provided in subsection (b) of this section, the guardian is entitled to the same compensation and reimbursement for actual and necessary expenses as the trustee of a trust. (2) No petition or hearing is required to entitle the guardian to compensation and expenses. (3) On the petition of any interested person […]
(a) In the absence of actual knowledge or of reasonable cause to inquire whether the guardian is improperly exercising the guardian’s power, a person dealing with the guardian need not inquire whether the guardian is exercising it properly, and is protected as if the guardian properly exercised the power, except that every person is charged with […]
