Md. Code, Estates and Trusts, Title 13

in effect

Md. Code, Estates and Trusts § 13-101

(a) In this title the following words have the meanings indicated. (b) “ABLE account” means an account described under 26 U.S.C. § 529A(e). (c) “Classification of abode” means one of the following types of abode licensed or certified by a State agency: (1) Related institutions under § 19–114 of the Health – General Article; (2) Private or public group homes under § 7–601 of the Health – General Article; (3) CARE homes under Title 6, Subtitle 5, Part II of the Human Services Article; (4) Adult foster care homes regulated by the Department of Human Services; or (5) Senior assisted housing facilities under Title 10 of the Human Services Article. (d) “Court” means the court having jurisdiction under § 13–105 of this subtitle. (e) “Director” means the director of the local department of social services in the political subdivision where the adult requiring protective services lives. (f) “Disabled person” means, unless the context requires otherwise, a person other than a minor who: (1) (i) Has been judged by a court to be unable to manage the person’s property for reasons listed in § 13–201(c)(1) of this title; and (ii) As a result of this inability requires a guardian of the person’s property; or (2) (i) Has been judged by a court to be unable to provide for the person’s daily needs sufficiently to protect the person’s health or safety for reasons listed in § 13–705(b) of this title; and (ii) As a result of this inability requires a guardian of the person. (g) “Emergency” means that a person is living in conditions which present a substantial risk of death or immediate and serious physical harm to the person or others. (h) “Estate” is the property of a disabled person or minor which is subject to a protective proceeding. (i) “Guardian” means a guardian of an estate appointed by a court under Subtitle 2 of this title to manage the property of a disabled person or minor or a guardian of a person appointed by a court under Subtitle 7 of this title, according to the context in which it is used. (j) “Heirs” denotes those persons entitled under the laws of Maryland to the property of a protected person, as if the protected person had died intestate at the applicable time. (k) (1) “Interested person” means the guardian, the heirs of the minor or disabled person, any governmental agency paying benefits to the minor or disabled person, or any person or agency eligible to serve as guardian of the disabled person under § 13–707 of this title. (2) If an interested person is also a minor or a disabled person, “interested person” also includes a judicially appointed guardian, committee, conservator, or trustee for that person, or, if none, the parent or other person having assumed responsibility for that person. (l) “Maryland Rules” has the meaning stated in § 1–101(o) of this article. (m) “Mental facility” means any place providing a clinic, hospital, day residential or other programs, public or private, other than a veterans’ hospital, which purports to or does provide treatment for persons suffering from mental disorders as defined in § 10–101(i) of the Health – General Article or § 3–101(g) of the Criminal Procedure Article, intellectual disability as defined in § 7–101(m) of the Health – General Article, or drug addiction or for chronic alcoholics. (n) A “minor” is a person who has not reached the age of 18. (o) “Pooled asset special needs trust” means a trust described under 42 U.S.C. § 1396p(d)(4)(C). (p) “Property” includes both real and personal property. (q) “Protective proceeding” is a proceeding to protect an estate in accordance with Subtitle 2 of this title or a proceeding to appoint a guardian of the person brought pursuant to Subtitle 7 of this title. (r) “Special needs trust” means a trust described under 42 U.S.C. § 1396p(d)(4)(A). (s) “Trust company” has the meaning stated in § 1–101 of this article.

Md. Code, Estates and Trusts § 13-102

(a) The purposes of this title are: (1) To simplify the administration of the estates of minors and disabled persons; (2) To reduce the expenses of administration; (3) To clarify the law governing the estates of minors and disabled persons; and (4) To eliminate certain provisions of existing law which are archaic, often meaningless under modern procedures, and no longer useful. (b) This article shall be liberally construed and applied to promote its underlying purposes.

Md. Code, Estates and Trusts § 13-103

For the purposes of this title, verification is sufficient if made in accordance with the provisions of § 1-102(a) and (b) of this article.

Md. Code, Estates and Trusts § 13-104

For the purposes of this title, notice is sufficient if given in accordance with the provisions of § 1-103(a), (b), and (c) of this article.

Md. Code, Estates and Trusts § 13-105

(a) (1) The orphans’ courts and the circuit courts have concurrent jurisdiction over guardians of the person of a minor and over protective proceedings for minors. (2) Upon petition of an interested person, a matter initiated in the orphans’ court may be transferred to the circuit court. (b) Subject to Title 13.5 of this article, the circuit courts have exclusive jurisdiction over protective proceedings for disabled persons. (c) (1) An orphans’ court may exercise jurisdiction over guardianship of the person of a minor if the presiding judge of the orphans’ court is a member of the bar, regardless of whether the minor who is the subject of the petition for guardianship of the person has property, may inherit property, or is destitute. (2) An orphans’ court that exercises jurisdiction or is requested to exercise jurisdiction under this subsection may: (i) Transfer the matter to the circuit court on a finding that the best interests of the child require utilization of the equitable powers of the circuit court; and (ii) Waive the costs, if any, of a transfer under this paragraph.

Md. Code, Estates and Trusts § 13-106

(a) An orphans’ court has full power to secure the rights of a minor whose estate is being administered by a guardian under its jurisdiction. (b) (1) The orphans’ court, under the pretext of incidental power or constructive authority, may not exercise jurisdiction not expressly conferred by law. (2) The orphans’ court is governed by the provisions of §§ 2–102 through 2–105 of this article.

Md. Code, Estates and Trusts § 13-107

If appropriate to proceedings under this title, the powers and duties of the register of wills in proceedings in the orphans’ court are the same as the powers and duties of the registers under Title 2, Subtitle 2 of this article.

Md. Code, Estates and Trusts § 13-201

(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 (2) Funds are needed for the minor’s support, care, welfare, and education and protection is necessary or desirable to obtain or provide funds. (c) A guardian shall be appointed if the court determines that: (1) The person is unable to manage effectively the person’s property and affairs because of physical or mental disability, disease, habitual drunkenness, addiction to drugs, imprisonment, compulsory hospitalization, detention by a foreign power, or disappearance; and (2) The person has or may be entitled to property or benefits which require proper management.

Md. Code, Estates and Trusts § 13-202

Venue in proceedings under this subtitle shall be as provided by the Maryland Rules.

Md. Code, Estates and Trusts § 13-203

(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 section unless it appears from specific facts shown by affidavit that immediate, substantial, and irreparable injury will result to the applicant or to the minor or disabled person before an adversary hearing can be held. (2) The court may communicate informally with the minor or disabled person before taking action. (3) Any order shall be served immediately on the minor or disabled person. (c) (1) Except for the limitations contained in § 13–106 of this title, after appointment of the guardian, the court has all the powers over the property of the minor or disabled person that the person could exercise if not disabled or a minor. (2) The powers that a circuit court has under paragraph (1) of this subsection include the power to authorize or direct the guardian to: (i) Make gifts from the principal and income of the estate; and (ii) Disclaim on behalf of the minor or disabled person, in whole or in part, the right of succession or transfer to that person of any property or interest in any property. (3) The powers that a circuit court has under paragraph (2) of this subsection are in addition to and may not limit the power: (i) Conferred upon the guardian to make distributions under § 13–214 of this subtitle; and (ii) Conferred upon the guardian or the circuit court, without appointing a guardian, to disclaim or authorize or direct a disclaimer on behalf of a minor or disabled person under § 9–201(c) of this article. (d) A guardian or any other interested person may invoke the jurisdiction of the court at any time to resolve questions concerning the estate or its administration.

Md. Code, Estates and Trusts § 13-204

(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 under paragraph (1) of this subsection include: (i) Payment, delivery, deposit, or retention of funds or property; (ii) Sale, mortgage, lease, or other transfer of property; (iii) Purchase of contracts for an annuity, life care, training, or education; (iv) Making the election to take an elective share of an estate subject to election under § 3–403 of this article; or (v) Any other transaction described in: 1. § 13–203(c)(2) of this subtitle; 2. Title 9, Subtitle 2 of this article; or 3. § 15–102 of this article. (b) Before approving a transaction or arrangement under this section, the court shall consider the interests of creditors and dependents of the minor or disabled person and whether the property of the minor or disabled person needs the continuing protection provided by a guardian.

Md. Code, Estates and Trusts § 13-205

An adjudication under this subtitle shall have no bearing on the issue of whether the alleged disabled person has the capacity for self–care.

Md. Code, Estates and Trusts § 13-206

(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 qualification of a guardian vests in the guardian title to all property of the minor or protected person that is held at the time of appointment or acquired later. (ii) The appointment is not a transfer or alienation within the meaning of any federal or State statute or regulation, insurance policy, pension plan, contract, will, or trust instrument that imposes restrictions on or penalties for transfer or alienation by the minor or disabled person of the minor or disabled person’s rights or interest. (iii) A guardian shall utilize powers conferred by this subtitle to perform services, exercise discretion, and discharge the guardian’s duties for the best interest of the minor or disabled person or the minor or disabled person’s dependents. (2) If a trust company is appointed guardian, a court may order any money paid to the court for the benefit of the minor or disabled person to be deposited with the trust company. (d) The guardian is the statutory agent of the minor or disabled person for the purpose of filing all government reports and returns.

Md. Code, Estates and Trusts § 13-207

(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 person if: (i) The designation was signed by the minor or disabled person when the minor or disabled person was at least 16 years old; and (ii) In the opinion of the court, the minor or disabled person had sufficient mental capacity to make an intelligent choice at the time the designation was executed; (3) The minor or disabled person’s spouse; (4) The minor or disabled person’s parents; (5) A person or corporation nominated by the will of a deceased parent; (6) The minor or disabled person’s children; (7) The persons who would be the minor or disabled person’s heirs if the minor or disabled person were dead; (8) A person or corporation nominated by a person, institution, organization, or public agency that is caring for the minor or disabled person; (9) A person or corporation nominated by a governmental agency that is paying benefits to the minor or disabled person; and (10) Any other person considered appropriate by the court. (b) (1) A person specified in a priority in subsection (a)(1), (3), (4), (6) or (7) of this section may waive and nominate in writing a person or corporation to serve in the specified person’s stead. (2) A nominee of a person holding a priority has the same priority as the person making the nomination. (c) (1) Among persons with equal priority, the court shall select the one best qualified of those willing to serve. (2) For good cause the court may pass over a person with priority and appoint a person with less priority or no priority. (d) (1) Subject to paragraph (2) of this subsection, nonresidence does not disqualify any person from serving as guardian. (2) Any nonresident who is appointed cannot qualify until the nonresident files with the register or clerk an irrevocable designation by the nonresident of an appropriate person who resides in the State on whom service of process may be made in the same manner and with the effect as if it were served personally in the State on the nonresident. (e) The court may not name an official or employee of a local department of social services, the State Department of Human Services, a local area agency on aging as defined in § 10–101 of the Human Services Article, or the Department of Aging as guardian of the estate.

Md. Code, Estates and Trusts § 13-208

(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 furnish bond. (c) In the case of a noncorporate guardian, including a substituted or successor or reinstated guardian nominated by the court or nominated under an instrument which is silent as to bond, the court may, subject to subsection (d) of this section, require a bond if, in its discretion, it finds it necessary for the safety of those interested in the administration of the estate. (d) In a guardian estate consisting entirely of cash, deposited as provided in the rules, securities or real property, or any combination of them which cannot be transferred by the guardian without the approval of the court, not exceeding $10,000, the court shall not require a guardian to furnish or continue in effect a bond, unless exceptional circumstances are shown to exist. (e) (1) The penalty of the bond may not be greater than the aggregate value of the property of the estate under the control of the guardian, less the value of securities or money deposited in a financial institution as defined in § 13–301(h) of this title under arrangements requiring an order of the court for their removal, and the value of any land which the guardian, by express limitation of power, lacks power to sell or convey without court authorization. (2) The court may, in lieu of sureties on a bond, accept other security for the performance of the bond, including a pledge of securities or a mortgage of land. (3) The court may at any time, subject to the maximum penalty provided by this section, require the amount of the bond, or the type or value of security, to be changed. (4) The approval of a new bond may not discharge a bond filed previously from any liability which may have accrued before approval. (f) The terms of any bond shall be as provided by the Maryland Rules.

Md. Code, Estates and Trusts § 13-209

Inventory and accounting in proceedings under this subtitle shall be as provided by the Maryland Rules.

Md. Code, Estates and Trusts § 13-209.1

§13–209.1. (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 exceeds $200,000, any excess amount shall be deposited into additional restricted accounts. (ii) The amount deposited in an additional restricted account under subparagraph (i) of this paragraph may not exceed $200,000. (iii) The aggregate amount deposited in any financial institution may not exceed $200,000. (b) A deposit under subsection (a) of this section may be made into any type of account, including a certificate of deposit, in a financial institution that: (1) Accepts deposits; and (2) (i) Is federally insured; or (ii) Is regulated by the Commissioner of Financial Regulation.

Md. Code, Estates and Trusts § 13-210

(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 court for permission to act in any matter relating to the administration of the estate. (c) Upon hearing after notice and upon good cause shown, the court may issue an appropriate order.

Md. Code, Estates and Trusts § 13-211

(a) (1) There shall be no jury trial in protective proceedings. (2) 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) (1) Unless the alleged disabled person has chosen counsel, the court shall appoint an attorney to represent the alleged disabled person in the proceeding. (2) If the alleged disabled person is indigent, the State shall pay a reasonable attorney’s fee. (3) In any action in which payment for the services of a court–appointed attorney for the alleged disabled person is the responsibility of the local department of social services, unless the court finds that it would not be in the best interests of the alleged disabled person, the court shall: (i) Appoint an attorney who has contracted with the Department of Human Services to provide those services, in accordance with the terms of the contract; and (ii) In an action in which an attorney has previously been appointed, strike the appearance of the attorney previously appointed and appoint the attorney who is currently under contract with the Department of Human Services, in accordance with the terms of the contract, unless the previously appointed attorney is willing to accept the same fee and the court does not find a conflict of interest.

Md. Code, Estates and Trusts § 13-212

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.

Md. Code, Estates and Trusts § 13-213

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.

Md. Code, Estates and Trusts § 13-214

(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 guardian of a minor or disabled person who is not a family member of the minor or disabled person may not distribute or disburse property without court authorization or confirmation if the distribution or disbursement would financially benefit: (i) Except for reasonable compensation and reimbursement for expenses as authorized under § 13–218 of this subtitle, the guardian; or (ii) A family member of the guardian. (3) If a guardian distributes or disburses property in violation of paragraph (2) of this subsection, 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. (c) (1) A guardian of a minor may pay or apply income and principal from the estate as needed for the clothing, support, care, protection, welfare, and education of the minor. (2) (i) A guardian of a disabled person may pay or apply income and principal from the estate as needed for the clothing, support, care, protection, welfare, and rehabilitation of the disabled person. (ii) The guardian shall give consideration to the support and care of the disabled person during the probable period of the estate and the needs of persons dependent upon the disabled person. (3) Income and principal also may be paid or applied: (i) For the benefit of persons legally dependent on the minor or disabled person; and (ii) With the approval of the court, for the benefit of other persons maintained and supported in whole or in part by the disabled person before the appointment of a guardian. (d) If a minor or disabled person is “disabled” as defined under 42 U.S.C. § 1382c(a)(3), a guardian of the minor or disabled person may pay or apply income or principal from the estate to establish or fund, for the benefit of the minor or disabled person: (1) A special needs trust, provided that the trustee is subject to the jurisdiction of a court, bonded, and required to file annual accountings of the trust; (2) A pooled asset special needs trust account, provided that the trust has been approved by the attorney general of the state where the minor or disabled person resides; or (3) An ABLE account. (e) (1) (i) When a minor attains the age of majority, the guardian of the minor, after meeting all prior claims and expenses of administration, shall distribute the estate to the former minor as soon as possible, unless the minor is then disabled. (ii) The distribution normally shall be in kind. (2) (i) If the guardian is satisfied that the disability of the disabled person has ceased or if the court has found in a proceeding under § 13–221 of this subtitle that the disability has ceased, the guardian, after meeting all prior claims and expenses of administration, shall distribute the estate to the former disabled person as soon as possible. (ii) The distribution normally shall be in kind. (3) When a minor or disabled person dies, the guardian shall deliver to the appropriate probate court for safekeeping any will of the deceased person in the guardian’s possession, pay from the estate all commissions, fees, and expenses shown on the court–approved final guardianship account, inform the personal representative or a beneficiary named in it that the guardian has done so, and retain the balance of the estate for delivery to an appointed personal representative of the decedent or other person entitled to it. (4) If a guardianship is terminated for reasons other than the attainment of majority, cessation of disability, or death of the protected person, the guardian shall distribute the estate in accordance with the order of the court terminating the guardianship.

Md. Code, Estates and Trusts § 13-215

(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 endorsed on the letters of appointment.

Md. Code, Estates and Trusts § 13-216

(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 shall be determined as provided in § 13–219 of this subtitle and are not necessarily affected by the guardian’s breach of fiduciary duty in the transaction.

Md. Code, Estates and Trusts § 13-217

(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 person to the guardian. (b) Orders of the court modifying or terminating letters of guardianship or authorizing making a conveyance or doing any other act with respect to interests in real estate constituting part of the estate may be recorded in a similar manner and with similar effect.

Md. Code, Estates and Trusts § 13-218

(a) (1) Except in unusual circumstances and as provided in subsection (c) of this section, the guardian is entitled to compensation and reimbursement for actual and necessary expenses as provided in subsection (b) of this section. (2) No petition or hearing is required to entitle the guardian to compensation and expenses. (3) On the petition of any interested person and on a finding by the court that unusual circumstances exist, the court may increase or decrease compensation. (b) (1) (i) Accounting from July 1, 1981, regardless of whether the guardianship estate was in existence at the time, income commissions are: 1. 6% on all income from real estate, ground rents, and mortgages collected in each year; and 2. A. 6.5% on the first $10,000 of all other income collected in each year; B. 5% on the next $10,000; C. 4% on the next $10,000; and D. 3% on any remainder. (ii) Income commissions shall be paid from and chargeable against income. (iii) Income collected includes a portion of income payable to a trustee but withheld by the payor in compliance with revenue law. (2) (i) Accounting from July 1, 1981, regardless of whether the guardianship estate was in existence at the time, commissions are payable at the end of each year on the fair value of the corpus or principal held in the guardianship estate at the end of each year as follows: 1. 0.4% on the first $250,000; 2. 0.25% on the next $250,000; 3. 0.15% on the next $500,000; and 4. 0.1% on any excess. (ii) Corpus commissions under this paragraph shall be paid out of and chargeable against the corpus. (iii) If a guardianship estate terminates, with respect to all or part of the corpus held in the guardianship estate in the course of a year, the commission for that year shall be reduced or prorated according to the part of the year elapsed and the amount of corpus as to which the guardianship estate terminates, and be chargeable, for that part of the year, and with respect to this part of the corpus, at the termination of the guardianship estate, on the then value of the corpus. (3) (i) For selling real or leasehold property, a commission on the proceeds of the sale is payable at the rate allowed by rule of court or statute to guardians appointed to make sales under decrees or orders of the court for the county where the real or leasehold property is situated, or if the property is located outside of this State, for selling similar property in the county where the guardianship estate is being administered. (ii) The commission described in subparagraph (i) of this paragraph is payable from the proceeds of the sale when collected. (4) (i) On the final distribution of a guardianship estate or portion of a guardianship estate, an allowance is payable commensurate with the labor and responsibility involved in making the distribution, including the making of a division, the ascertainment of the parties entitled to the distribution, the ascertainment and payment of taxes, and any necessary transfer of assets. (ii) The allowance described in subparagraph (i) of this paragraph is subject to revision or determination by a court having jurisdiction. (iii) In the absence of special circumstances, the allowance described in subparagraph (i) of this paragraph shall be equal to 0.5% of the fair value of the corpus that is distributed. (5) A guardian may petition the court for the county where the guardianship estate is located and obtain approval for an increase in fees after giving notice of the action to the interested parties of the guardianship estate. (6) The legal and court costs incurred by the guardian in accordance with a court review under paragraph (5) of this subsection shall be charged against fees of the guardian and may not be assumed by the guardianship estate or the interested parties. (c) If the guardian is appointed as the guardian of a disabled person who is a recipient of long–term care services and supports under the Maryland Medical Assistance Program and whose income is subject to § 15–122.3 of the Health – General Article, the guardian is not entitled to receive more than $50 per month in compensation unless the court makes a finding that unusual circumstances exist.

Md. Code, Estates and Trusts § 13-219

(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 actual knowledge of any limitations endorsed on the letters of guardianship. (b) A person need not see to the proper application of estate assets paid or delivered to a guardian.

Md. Code, Estates and Trusts § 13-220

(a) The appointment of a guardian terminates when the guardianship terminates under § 13–221 of this subtitle and may be terminated sooner by the guardian’s death, disability, resignation, or removal. (b) Termination of appointment of a guardian has the effects provided in this section. (c) (1) (i) Termination ends the right and power pertaining to the office of guardian. (ii) Unless otherwise ordered by the court, a guardian whose appointment has been terminated shall perform acts necessary to protect the estate and deliver the property to the successor guardian. (2) Subject to the provisions of the Maryland Rules, termination does not discharge a guardian from liability for transactions or omissions occurring before termination, or relieve the guardian of the duty to preserve, account for, and deliver to a successor property subject to the guardian’s control. (3) All lawful acts of a guardian before the termination of appointment shall remain valid and effective. (d) (1) The death of a guardian or the decree of a court of competent jurisdiction that a guardian is under legal disability shall terminate the guardian’s appointment. (2) The personal representative of a deceased guardian or the person appointed to protect the estate of a guardian under legal disability shall: (i) Have the duty to protect property belonging to the estate being administered by the deceased or disabled guardian; (ii) Have the power to perform acts necessary for the protection of property; (iii) Immediately account for and deliver the property to a successor guardian; and (iv) Apply immediately to the court for the appointment of a successor guardian to carry on the administration of the estate which was being administered by the deceased or disabled guardian in accordance with the Maryland Rules. (e) A guardian who desires to resign the guardian’s office may do so in accordance with the provisions of the same Maryland Rules by which a fiduciary may resign the fiduciary’s office.

Md. Code, Estates and Trusts § 13-221

(a) The minor or disabled person, the minor’s or disabled person’s personal representative, the guardian, or any other interested person may petition the court to terminate the guardianship proceedings. (b) A guardianship proceeding shall terminate on: (1) The cessation of the minority or disability; (2) The death or presumptive death of the minor or disabled person; (3) Transfer of all the assets of the estate to a foreign fiduciary; or (4) Other good cause for termination as may be shown to the satisfaction of the court. (c) Termination and final distribution of the estate of a former minor or disabled person shall be made in compliance with the provisions of the Maryland Rules, applying to a fiduciary.

Md. Code, Estates and Trusts § 13-222

(a) (1) A guardian, conservator, committee, or other similar fiduciary, appointed by the appropriate court of another jurisdiction to manage the property of a protected person who is a resident of that jurisdiction, may exercise in the State all powers of the office, including the power to: (i) Sell, purchase, or mortgage real estate in the State; and (ii) Collect, receipt for, take possession of, and remove to the other jurisdiction: 1. Money due; 2. Tangible personal property; or 3. An instrument evidencing a debt, an obligation, a stock, or a chose in action located in the State. (2) Subject to any statute or rule relating to nonresidents, the guardian, conservator, committee, or other similar fiduciary, appointed by the appropriate court of another jurisdiction, may sue and be sued in the State. (b) Before receiving actual notice of the pendency of a guardianship proceeding in the State, a person who has changed the person’s position by relying on the powers granted by this section may not be prejudiced by the pendency of the proceeding.

Md. Code, Estates and Trusts § 13-301

(a) In this subtitle the following words have the meanings indicated. (b) “Adult” means an individual who has attained the age of 21 years. (c) “Broker” means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person’s own account or for the account of others. (d) “Conservator” means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor’s property or a person legally authorized to perform substantially the same functions. (e) “Court” means a circuit court, an orphans’ court, or a court exercising the jurisdiction of an orphans’ court. (f) “Custodial property” means: (1) Any interest in property transferred to a custodian under this subtitle; and (2) The income from and proceeds of that interest in property. (g) “Custodian” means a person so designated under § 13-309 of this subtitle or a successor or substitute custodian designated under § 13-318 of this subtitle. (h) “Financial institution” means a bank, trust company, savings institution, or credit union chartered and supervised under State or federal law. (i) “Legal representative” means an individual’s personal representative or conservator. (j) “Member of the minor’s family” means the minor’s parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption. (k) “Minor” means an individual who has not attained the age of 21 years. (l) “Person” means an individual, corporation, organization, or other legal entity. (m) “Personal representative” means an executor, administrator, successor personal representative, or special administrator of a decedent’s estate or a person legally authorized to perform substantially the same functions. (n) “Qualified minor’s trust” means a trust, including a trust created by a custodian for the use and benefit of a minor: (1) Of which a minor is the sole beneficiary during the minor’s lifetime; and (2) That meets the requirements of § 2503(c) of the Internal Revenue Code and the regulations implementing that section. (o) “State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. (p) “Transfer” means a transaction that creates custodial property under § 13-309 of this subtitle. (q) “Transferor” means a person who makes a transfer under this subtitle.

Md. Code, Estates and Trusts § 13-302

(a) This subtitle applies to a transfer that refers to the Maryland Uniform Transfers to Minors Act in the designation under § 13–309(a) of this subtitle by which the transfer is made if at the time of the transfer the transferor, the minor, or the custodian is a resident of this State or the custodial property is located in this State. (b) The custodianship created remains subject to this subtitle despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from this State. (c) A person designated as custodian under this subtitle is subject to personal jurisdiction in this State with respect to any matter relating to the custodianship. (d) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act of another state is governed by the law of the designated state and may be executed and is enforceable in this State if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.

Md. Code, Estates and Trusts § 13-303

(a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: “as custodian for __________ (name of minor) under the Maryland Uniform Transfers to Minors Act”. (b) The nomination may name 1 or more persons as substitute custodians to whom the property must be transferred, in the order named, if the 1st nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. (c) The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights. (d) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under § 13-309(a) of this subtitle. (e) (1) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under § 13-309 of this subtitle. (2) Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to § 13-309 of this subtitle.

Md. Code, Estates and Trusts § 13-304

A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to § 13-309 of this subtitle.

Md. Code, Estates and Trusts § 13-305

(a) A personal representative or trustee may make an irrevocable transfer pursuant to § 13-309 of this subtitle to a custodian for the benefit of a minor as authorized in the governing will or trust. (b) If the testator or settlor has nominated a custodian under § 13-303 of this subtitle to receive the custodial property, the transfer must be made to that person. (c) If the testator or settlor has not nominated a custodian under § 13-303 of this subtitle, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under § 13-309(a) of this subtitle.

Md. Code, Estates and Trusts § 13-306

(a) Subject to subsection (c) of this section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to § 13–309 of this subtitle, in the absence of a will or under a will or trust that does not contain an authorization to do so. (b) Subject to subsection (c) of this section, a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to § 13–309 of this subtitle. (c) A transfer under subsection (a) or (b) of this section may be made only if: (1) The personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor; (2) The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument; and (3) The transfer is authorized by the court if it exceeds $25,000 in value.

Md. Code, Estates and Trusts § 13-307

(a) Subject to subsections (b) and (c) of this section, a person not subject to § 13-305 or § 13-306 of this subtitle who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to § 13-309 of this subtitle. (b) If a person having the right to do so under § 13-303 of this subtitle has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person. (c) If no custodian has been nominated under § 13-303 of this subtitle, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor’s family or to a trust company unless the property exceeds $10,000 in value.

Md. Code, Estates and Trusts § 13-308

A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this subtitle.

Md. Code, Estates and Trusts § 13-309

(a) Custodial property is created and a transfer is made whenever: (1) An uncertificated security or a certificated security in registered form is either: (i) Registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “As custodian for __________ (name of minor) under the Maryland Uniform Transfers to Minors Act”; or (ii) Delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection (b) of this section; (2) Money is paid or delivered to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “As custodian for __________ (name of minor) under the Maryland Uniform Transfers to Minors Act”; (3) The ownership of a life or endowment insurance policy or annuity contract is either: (i) Registered with the issuer in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “As custodian for __________ (name of minor) under the Maryland Uniform Transfers to Minors Act”; or (ii) Assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words: “As custodian for __________ (name of minor) under the Maryland Uniform Transfers to Minors Act”; (4) An irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer, or other obligor that the right is transferred to the transferor, an adult other than the transferor, or a trust company, whose name in the notification is followed in substance by the words: “As custodian for __________ (name of minor) under the Maryland Uniform Transfers to Minors Act”; (5) An interest in real property is recorded in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “As custodian for __________ (name of minor) under the Maryland Uniform Transfers to Minors Act”; (6) A certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is either: (i) Issued in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “As custodian for __________ (name of minor) under the Maryland Uniform Transfers to Minors Act”; or (ii) Delivered to an adult other than the transferor or to a trust company, endorsed to that person, followed in substance by the words: “As custodian for __________ (name of minor) under the Maryland Uniform Transfers to Minors Act”; or (7) An interest in any property not described in paragraphs (1) through (6) of this subsection is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subsection (b) of this section. (b) An instrument in the following form satisfies the requirements of subsection (a)(1)(ii) and (7) of this section: “Transfer Under the Maryland Uniform Transfers to Minors Act I, __________ (name of transferor or name and representative capacity if a fiduciary) hereby transfer to __________ (name of custodian), as custodian for __________ (name of minor) under the Maryland Uniform Transfers to Minors Act, the following: (insert a description of the custodial property sufficient to identify it). Dated: _______________ _________________________________ (signature) ____________________ (name of custodian) acknowledges receipt of the property described above as custodian for the minor named above under the Maryland Uniform Transfers to Minors Act. Dated: ________________ __________________________________” (signature of custodian) (c) A transferor shall place the custodian in control of the custodial property as soon as practicable.

Md. Code, Estates and Trusts § 13-310

(a) Subject to subsection (c) of this section, a transfer may be made only for 1 minor, and only 1 person may be the custodian. (b) All custodial property held under this subtitle by the same custodian for the benefit of the same minor constitutes a single custodianship. (c) (1) Notwithstanding any provision of this subtitle to the contrary, 2 persons may be designated as custodians of custodial property for the benefit of the same minor and that arrangement shall constitute a single custodianship. (2) If 2 persons are designated as custodians, they shall act as joint custodians under this subtitle and, unless specified otherwise in any document creating the custodianship, each joint custodian shall have the full power and authority to act alone as a custodian under this subtitle. (3) If either joint custodian resigns, dies, becomes incapacitated, or is removed, the remaining custodian may serve as sole custodian without the necessity of appointing a successor joint custodian.

Md. Code, Estates and Trusts § 13-311

(a) The validity of a transfer made in a manner prescribed in this subtitle is not affected by: (1) Failure of the transferor to comply with § 13-309(c) of this subtitle concerning possession and control; (2) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under § 13-309(a) of this subtitle; or (3) Death or incapacity of a person nominated under § 13-303 of this subtitle or designated under § 13-309 of this subtitle as custodian or the disclaimer of the office by that person. (b) A transfer made under § 13-309 of this subtitle is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this subtitle, and neither the minor nor the minor’s legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this subtitle. (c) By making a transfer, the transferor incorporates in the disposition all the provisions of this subtitle and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this subtitle.

Md. Code, Estates and Trusts § 13-312

(a) A custodian shall: (1) Take control of custodial property; (2) Register or record title to custodial property if appropriate; and (3) Collect, hold, manage, invest, and reinvest custodial property. (b) (1) Except as provided in paragraph (2) of this subsection, in dealing with custodial property: (i) A custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries; (ii) If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise; and (iii) A custodian, in the custodian’s discretion and without liability to the minor or the minor’s estate, may retain any custodial property received from a transferor. (2) A fiduciary subject to § 15-114 of this article shall comply with that section in dealing with custodial property. (c) A custodian may invest in or pay premiums on life insurance or endowment policies on: (1) The life of the minor only if the minor or the minor’s estate is the sole beneficiary; or (2) The life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor’s estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary. (d) (1) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. (2) Custodial property consisting of an undivided interest is so identified if the minor’s interest is held as a tenant in common and is fixed. (3) Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: “As a custodian for _____�(name of minor) under the Maryland Uniform Transfers to Minors Act”. (e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor’s tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years.

Md. Code, Estates and Trusts § 13-313

(a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only. (b) This section does not relieve a custodian from liability for breach of § 13-312 of this subtitle.

Md. Code, Estates and Trusts § 13-314

(a) In this section, “disabled” has the meaning stated in 42 U.S.C. § 1382c(a)(3). (b) A custodian may deliver or pay to the minor or expend for the minor’s benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to: (1) The duty or ability of the custodian personally or of any other person to support the minor; or (2) Any other income or property of the minor which may be applicable or available for that purpose. (c) (1) Subject to paragraphs (3) and (4) of this subsection, a custodian may transfer all or part of the custodial property to a qualified minor’s trust without a court order. (2) A transfer of custodial property to a qualified minor’s trust terminates the custodianship of that property to the extent of the transfer. (3) Custodial property created under a testamentary instrument may not be transferred under this subsection unless the transfer is expressly authorized by the instrument. (4) For an inter vivos transfer under this subsection to be valid, the instrument that created the custodial property shall contain in conspicuous type a statement that the transferor of the property elects to grant the custodian the authority to transfer all or part of the custodial property to a qualified minor’s trust without a court order. (d) If the minor is disabled, a custodian may, without court order, use all or part of the custodial property to establish or fund for the benefit of the minor: (1) A special needs trust, provided that the trustee is subject to the jurisdiction of a court, bonded, and required to file annual accountings of the trust; (2) A pooled asset special needs trust account, provided that the trust has been approved by the attorney general of the state where the minor resides; or (3) An ABLE account. (e) On petition of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor’s benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor. (f) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.

Md. Code, Estates and Trusts § 13-315

(a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian’s duties. (b) Except for one who is a transferor under § 13-304 of this subtitle, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year. (c) Except as provided in § 13-318(f) of this subtitle, a custodian need not give a bond.

Md. Code, Estates and Trusts § 13-316

A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining: (1) The validity of the purported custodian’s designation; (2) The propriety of, or the authority under this subtitle for, any act of the purported custodian; (3) The validity or propriety under this subtitle of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or (4) The propriety of the application of any property of the minor delivered to the purported custodian.

Md. Code, Estates and Trusts § 13-317

(a) A claim based on any of the following may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable: (1) On a contract entered into by a custodian acting in a custodial capacity; (2) For an obligation arising from the ownership or control of custodial property; or (3) On a tort committed during the custodianship. (b) A custodian is not personally liable: (1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or (2) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault. (c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.

Md. Code, Estates and Trusts § 13-318

(a) (1) A person nominated under § 13-303 of this subtitle or designated under § 13-309 of this subtitle as custodian may decline to serve by delivering a valid disclaimer to the person who made the nomination or to the transferor or the transferor’s legal representative. (2) If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under § 13-303 of this subtitle, the person who made the nomination may nominate a substitute custodian under § 13-303 of this subtitle. (3) In other cases, the transferor or the transferor’s legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under § 13-309 of this subtitle. (4) The custodian designated has the rights of a successor custodian. (b) (1) A custodian at any time may designate a trust company or an adult other than a transferor under § 13-304 of this subtitle as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. (2) If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed. (c) A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of 14 years and to the successor custodian and by delivering the custodial property to the successor custodian. (d) (1) If a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subsection (b) of this section, an adult member of the minor’s family, a conservator of the minor, or a trust company. (2) If the minor has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death, or incapacity, the conservator of the minor becomes successor custodian. (3) If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor’s family, or any other interested person may petition the court to designate a successor custodian. (e) (1) A custodian who declines to serve under subsection (a) of this section or resigns under subsection (c) of this section, or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. (2) The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received. (f) A transferor, the legal representative of a transferor, an adult member of the minor’s family, a guardian of the person of the minor, the conservator of the minor, or the minor if the minor has attained the age of 14 years may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under § 13-304 of this subtitle or to require the custodian to give appropriate bond.

Md. Code, Estates and Trusts § 13-319

(a) A minor who has attained the age of 14 years, the minor’s guardian of the person or legal representative, an adult member of the minor’s family, a transferor, or a transferor’s legal representative may petition the court for: (1) An accounting by the custodian or the custodian’s legal representative; or (2) A determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under § 13-317 of this subtitle to which the minor or the minor’s legal representative was a party. (b) A successor custodian may petition the court for an accounting by the predecessor custodian. (c) The court, in a proceeding under this subtitle or in any other proceeding, may require or permit the custodian or the custodian’s legal representative to account. (d) If a custodian is removed under § 13-318(f) of this subtitle, the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.

Md. Code, Estates and Trusts § 13-320

The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor’s estate upon the earlier of: (1) The minor’s attainment of 21 years of age with respect to custodial property transferred under § 13-304, § 13-305, or § 13-306 of this subtitle; (2) The minor’s attainment of age 18 with respect to custodial property transferred under § 13-307 of this subtitle; or (3) The minor’s death.

Md. Code, Estates and Trusts § 13-321

This subtitle applies to a transfer within the scope of § 13–302 of this subtitle made on or after July 1, 1989, if: (1) The transfer purports to have been made under the Maryland Uniform Gifts to Minors Act; or (2) The instrument by which the transfer purports to have been made uses in substance the designation “As custodian under the Uniform Gifts to Minors Act” or “As custodian under the Uniform Transfers to Minors Act” of any other state, and the application of this subtitle is necessary to validate the transfer.

Md. Code, Estates and Trusts § 13-322

(a) Any transfer of custodial property as now defined in this subtitle made before July 1, 1989, is validated notwithstanding that there was no specific authority in the Maryland Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made. (b) This subtitle applies to all transfers made before July 1, 1989, in a manner and form prescribed in the Maryland Uniform Gifts to Minors Act, except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on the effective date of this subtitle. (c) With respect to the age of a minor for whom custodial property is held, this subtitle does not apply to custodial property held in a custodianship that terminated because of the minor’s attainment of the age of 18 before July 1, 1989.

Md. Code, Estates and Trusts § 13-323

(a) This subtitle shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this subtitle among states enacting it. (b) This subtitle may not be construed as providing an exclusive method for making transfers to minors.

Md. Code, Estates and Trusts § 13-323.1

§13–323.1. (a) In this section, “reasonable and necessary expense” includes: (1) Suit money; (2) Counsel fees; and (3) Costs. (b) At any point in a proceeding under this subtitle, the court may order either party to pay to the other party an amount for the reasonable and necessary expense of prosecuting or defending the proceeding. (c) Before ordering the payment, the court shall consider: (1) The financial resources and financial needs of both parties; and (2) Whether there was substantial justification for prosecuting or defending the proceeding. (d) On a finding by the court that there was an absence of substantial justification of a party for prosecuting or defending the proceeding, the court may award to the other party the reasonable and necessary expense of prosecuting or defending the proceeding. (e) The court may award reimbursement for any reasonable and necessary expense that previously has been paid. (f) As to any amount awarded for counsel fees, the court may: (1) Order that the amount awarded be paid directly to the lawyer; and (2) Enter judgment in favor of the lawyer.

Md. Code, Estates and Trusts § 13-324

This subtitle may be cited as the “Maryland Uniform Transfers to Minors Act”.

Md. Code, Estates and Trusts § 13-401

(a) In this subtitle the following words have the meanings indicated. (b) “Minor” means any person under 18 years of age: (1) Who actually resided in the State at the time of the happening of the occurrence out of which the claim, action, or judgment arises; or (2) Who actually resides in the State at the time money is paid to the minor or to any person acting for the minor because of a claim, action, or judgment in tort. (c) “Net sum” means: (1) The net amount due the minor or to any person acting for the minor after the deduction of the fee of the attorney and expenses; or (2) If the minor is not represented by an attorney, the amount due to the minor or to any person acting for the minor, by or on behalf of any person liable. (d) “The person responsible for the payment of the money” means: (1) The attorney, if the minor or any person acting for the minor is represented by an attorney; or (2) Any defendant, insurer, or the State under the provisions of the Unsatisfied Claim and Judgment Fund Law, if the minor or any person acting for the minor is not represented by an attorney.

Md. Code, Estates and Trusts § 13-402

It is public policy of the State that any substantial sum of money paid to a minor because of a claim, action, or judgment in tort should be preserved for the benefit of the minor.

Md. Code, Estates and Trusts § 13-403

(a) Unless a court appoints a guardian of the property of a minor under subsection (c) of this section, if a minor or any other person in whose name a claim in tort is made or judgment in tort obtained on behalf of a minor recovers a net sum of $5,000 or more, the person responsible for the payment of the money shall make payment by check made to the order of “............................................. (name of trustee), trustee under Title 13 of the Estates and Trusts Article, Annotated Code of Maryland, for .............................. (name of minor), minor”. (b) No other act is necessary to constitute the person named a trustee. (c) (1) In accordance with the procedures for the appointment of a guardian under Subtitle 2 of this title, the court may appoint a guardian of the property of a minor on whose behalf a recovery in tort is sought or has been obtained if the court determines that the appointment would be in the minor’s best interest. (2) The petition for guardianship may be made by an interested person or a trustee under this subtitle. (d) If a court appoints a guardian of the property of a minor under subsection (c) of this section and the minor or any other person in whose name a claim in tort is made or judgment in tort obtained on behalf of the minor recovers a net sum of $5,000 or more, the person responsible for the payment of the money shall make payment by check made to the order of “....................................................., (name of guardian), guardian under Title 13, Subtitle 2 of the Estates and Trusts Article, Annotated Code of Maryland, for .................................. (name of minor), minor”.

Md. Code, Estates and Trusts § 13-404

(a) The trustee need not give bond. (b) (1) A trustee who receives a check under § 13-403 of this subtitle shall: (i) Subject to paragraph (3) of this subsection, deposit the check in any financial institution as defined in § 13-301 of this title; or (ii) Invest or reinvest the proceeds of the check, directly or by securities or other interests of a broker or dealer, in: 1. General obligations of or obligations guaranteed by the United States or this State; 2. Other obligations of the United States or this State or of its political subdivisions, agencies, authorities, or municipal corporations that are rated in one of the two highest rating categories by a nationally recognized credit rating agency; or 3. Any open end management investment company or investment trust that is registered under the federal Investment Company Act of 1940, 15 U.S.C. § 80a-1 et seq., and that: A. Meets the criteria of a money market fund that are specified in the federal Investment Company Act and the regulations adopted under that law; or B. In a prospectus filed with the Securities and Exchange Commission of the federal government, states as a principal investment objective long-term growth or capital appreciation through investments in equity securities. (2) If the trustee deposits the check in a financial institution under paragraph (1)(i) of this subsection, the trustee may direct the financial institution to invest or reinvest the proceeds of the check in a certificate of deposit or other interest bearing account. (3) Deposits in a financial institution under paragraph (1)(i) of this subsection may not exceed the amount of insurance provided for such deposits. (4) Investments in money market funds under paragraph (1)(ii)3A of this subsection, investments in stock mutual funds under paragraph (1)(ii)3B of this subsection, and investments in any combination of both money market funds and stock mutual funds may not exceed 30% of the trust assets at the time of investment.

Md. Code, Estates and Trusts § 13-405

(a) Except on the order of a circuit court, the financial institution specified in § 13–404(b) of this subtitle may not allow the withdrawal of any of the money except to pay it to the minor on the minor’s attainment of the age of 18 years or to pay to the personal representative of the minor’s estate on the death of the minor before the minor’s attaining the age of 18 years. (b) Payment by any institution or association in accordance with an order of the court, or to a minor on or after the minor’s 18th birthday, or to the personal representative after the death of the minor, is a complete discharge of liability of the institution or association for the money paid.

Md. Code, Estates and Trusts § 13-406

(a) A trustee shall file a petition for withdrawal of any of the money of the minor in the original court action or in the equity court in the county where the money is on deposit. (b) (1) The petition shall be verified and state in detail the purposes for which the withdrawal of the money is desired. (2) On receiving a petition, the court shall make any inquiry necessary before granting or denying the petition in whole or in part. (c) If money is desired for any purpose other than to pay for medical expenses of the minor, or to further the education of the minor, including reasonable expenditures for room and board, the court shall require a strong showing of necessity by the trustee in a hearing. (d) If the trustee dies or is discharged, a petition filed under this section shall include a prayer for the appointment of another trustee. (e) In its order on a petition, the court may direct the institution where the funds of the minor are on deposit to make its check to the order of: (1) The trustee for the use of the minor; or (2) The person, firm, or organization which has performed or is to perform a service for or furnish goods to the minor. (f) The court also may direct payment of a reasonable fee for an attorney and the costs of the proceedings, but may not in any event direct or provide for the payment of any fees or commissions to the trustee.

Md. Code, Estates and Trusts § 13-407

The trustee provided for in this subtitle need not file any accounts of trusteeship with any court.

Md. Code, Estates and Trusts § 13-501

(a) (1) Any person, including but not limited to a personal representative or trustee, who is under a duty to pay or deliver money or tangible personal property to a minor may perform the duty by paying or delivering the money or chattel to the guardian of the minor. (2) If there is no guardian, or if the guardian is unknown, payment or delivery in amounts or values not exceeding $5,000 per annum may be made to the parent or grandparent of the minor with whom the minor resides. (3) If there is no guardian, parent, or grandparent with whom the minor resides, payment or delivery in amounts or values not exceeding $5,000 per annum may be made to a parent or other person standing in loco parentis with the minor, or deposited in a financial institution described in § 13–301(h) of this title. (4) The payor is not under a duty to inquire whether the minor has a guardian. (b) (1) A deposit in a financial institution shall be in the sole name of the minor. (2) The minor may not withdraw any funds: (i) Without an order of court; or (ii) Until the minor attains majority. (c) (1) Other than the minor or a financial institution, a person receiving money or property for a minor shall apply the money to the support and education of the minor. (2) A person receiving money or property for a minor may not pay himself or herself except for reimbursement for out–of–pocket expenses for goods and services furnished by others which are necessary for the support of the minor. (3) Any excess sums shall be preserved for future support of the minor, and any balance not so used and any tangible chattels received for the minor shall be turned over to the minor when the minor attains majority. (d) (1) If a person owes money or property to a minor and pays or delivers it in accordance with this section, the person is not responsible for the proper application of the money or property. (2) A release for any distribution signed by the distributee is a valid release.

Md. Code, Estates and Trusts § 13-502

(a) If money is distributable from a trust or estate or from any other source to a minor and there is no legally appointed guardian of the property of the minor, the circuit court of the county in which the minor resides or the court in which the estate is being administered may order that the money be deposited in any financial institution described in § 13-301(h) of this title to be named in the order so that it draws interest in the name of the minor. (b) The funds so deposited remain subject to the order of the court. The trustee or any person having custody of the minor shall retain the book of deposit or receipt for the deposit until the minor reaches the age of majority, or a guardian is appointed, and the order and deposit made pursuant to it constitute a release to the trustee or personal representative.

Md. Code, Estates and Trusts § 13-503

(a) (1) A minor who holds title to property as a tenant by the entirety with a spouse who has reached the age of majority is authorized to join with the spouse in any deed as defined in § 1–101 of the Real Property Article, note, or financing statement in the same manner and effect as an adult. (2) This subsection does not affect any right granted in subsection (b) of this section. (b) A war veteran or member of the armed services, who is a minor, eligible for the benefits of the Servicemen’s Readjustment Act of 1944, and amendments to it, for the purpose of obtaining the benefits of the Act, may: (1) Mortgage real estate the eligible minor owns; (2) Buy real estate and execute a mortgage to cover the purchase money; (3) Execute a deed for the sale of real estate purchased, or execute notes; (4) Make other agreements and do other things as necessary to obtain the benefits of the Act, and amendments to it; and (5) Execute releases of claims in the same manner and effect as an adult. (c) (1) A minor who is at least 15 years old: (i) May contract for annuities and for life or health insurance on the minor’s own life or body, or on the person of another in whom the minor has an insurable interest; (ii) May exercise all rights and powers with respect to or under the contract for the annuity or for insurance on the minor’s own life or body, or any contract the minor effected on the person of another issued to the minor as described as though of full legal age of 18 years; (iii) May surrender any interest in the contract and give a valid discharge for any benefit accruing or money payable under it; (iv) Is not entitled to rescind, avoid, or repudiate the contract, or any exercise of a right or privilege because of minority; and (v) Is not bound by any unperformed agreement to pay, by promissory note or otherwise, any premium on any insurance contract. (2) If an estate of a minor is being administered by a guardian, no contract is binding on the estate as to payment of premiums, unless consented to by the guardian. (3) Any annuity contract or policy of life or health insurance shall be made payable either to the minor or to the minor’s estate or to a person having an insurable interest in the life of the minor. (4) The provisions of this subsection also apply with respect to property, casualty, and surety insurance contracted for by a minor who is at least 15 years old on the minor’s own property, liabilities, or other interests. (d) The absence of specific mention in this subtitle of any power or right granted by law to a minor who is at least 15 years old before the enactment of this subtitle is not intended to affect the existence of the power or right.

Md. Code, Estates and Trusts § 13-504

The receipt or acquittance of any minor who is the sole owner of or is a party to any account with the right to withdraw funds in a financial institution, as defined in § 13-301(h) of this title is a valid and sufficient release and discharge of the institution for any payment to the minor on any such account.

Md. Code, Estates and Trusts § 13-601

(a) In this subtitle the following words have the meanings indicated. (b) “Activities of daily living” means basic activities of daily living and instrumental activities of daily living. (c) “Basic activities of daily living” means the routine activities that people do every day without assistance that include: (1) Eating; (2) Bathing; (3) Dressing; (4) Toileting; (5) Mobility; and (6) Continence. (d) “Deception” means a misrepresentation or concealment of a material fact relating to services rendered, disposition of property, or the use of property intended to benefit a susceptible adult or older adult. (e) (1) “Financial exploitation” means an act taken by a person who: (i) Stands in a position of trust and confidence with a susceptible adult or older adult and who knowingly obtains or uses, or endeavors to obtain or use, a susceptible adult’s or older adult’s funds, assets, or property with the intent to temporarily or permanently deprive the susceptible adult or older adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the susceptible adult or older adult, in such a manner that is not fair and reasonable; (ii) By deception, false pretenses, false promises, larceny, embezzlement, misapplication, conversion, intimidation, coercion, isolation, excessive persuasion, or similar actions and tactics, obtains or uses, or endeavors to obtain or use, a susceptible adult’s or older adult’s funds, assets, or property with the intent to temporarily or permanently deprive the susceptible adult or older adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the susceptible adult or older adult; or (iii) Knows or should know that a susceptible adult or older adult lacks capacity to consent and who obtains or uses, or endeavors to obtain or use, the susceptible adult’s or older adult’s funds, assets, or property with the intent to temporarily or permanently deprive the susceptible adult or older adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the susceptible adult or older adult. (2) “Financial exploitation” includes: (i) Breach of a fiduciary relationship resulting in the unauthorized appropriation, sale, or transfer of property; (ii) Unauthorized taking of personal assets; (iii) Misappropriation, misuse, or transfer of assets belonging to a susceptible adult or older adult from a personal or joint account; and (iv) Intentional failure to effectively use a susceptible adult’s or older adult’s income and assets for the necessities required for the susceptible adult’s or older adult’s support and maintenance. (3) “Financial exploitation” does not include an individual’s good–faith use of a susceptible adult’s or older adult’s assets, including for the purposes of establishing and implementing an estate plan intended to reduce taxes or to maximize eligibility for public benefits in order to preserve assets for an identified or identifiable person. (f) “Instrumental activities of daily living” means the skills and abilities needed to perform day–to–day tasks associated with an independent lifestyle, including: (1) Using the telephone; (2) Doing laundry and dressing; (3) Shopping and running errands; (4) Securing transportation; (5) Preparing meals; (6) Managing medications; (7) Housekeeping; and (8) Managing finances. (g) “Intimidation” means a communication, by word or act, that a susceptible adult or older adult will suffer physical violence or emotional injury or will be deprived of food, nutrition, clothing, shelter, supervision, medicine, medical services, money, social interaction, or emotional or financial support. (h) “Obtains or uses” means any manner of taking or exercising control over property or making any use, disposition, or transfer of property. (i) “Older adult” means an individual who is at least 68 years old. (j) “Position of trust and confidence” means a relationship, whether formed by a formal or informal agreement between a susceptible adult or older adult and another person or recognized by a formal declaration or court order, in which: (1) A person is entrusted with the use or management of the property or assets of the susceptible adult or older adult, or the susceptible adult’s or older adult’s care; or (2) There is a special confidence or trust placed in a person who, in equity and good conscience, is bound to act in good faith and with due regard to the interests of the susceptible adult or older adult. (k) “Susceptible adult” means an adult who is unable to perform, without prompting or assistance, one or more activities of daily living, is unable to protect the adult’s rights, or has diminished executive functioning, due to: (1) Advanced age; (2) Mental, emotional, sensory, or physical disability or disease; (3) Impaired mobility; (4) Habitual drunkenness; (5) Addiction to drugs; or (6) Hospitalization.

Md. Code, Estates and Trusts § 13-602

The purposes of this subtitle are to: (1) Establish a separate and distinct civil cause of action by a victim, or a representative of the victim, of financial exploitation; (2) Provide a path to redress financial exploitation through the recovery of property and assets taken from victims while discouraging protracted litigation; (3) Provide access to justice for victims and their families who are otherwise unable or unwilling to retain competent legal assistance due to cost; and (4) Strongly deter individuals seeking to take advantage of susceptible adults or older adults.

Md. Code, Estates and Trusts § 13-603

This subtitle does not apply to an act taken by: (1) Any state or federal bank, trust company, credit union, or savings and loan association; or (2) A subsidiary or affiliate of an institution described in item (1) of this section.

Md. Code, Estates and Trusts § 13-604

A susceptible adult or older adult who has been subjected to financial exploitation in the State or, in accordance with § 13–605 of this subtitle, a person acting on the susceptible adult’s or older adult’s behalf may bring a cause of action against a person who has committed financial exploitation against the susceptible adult or older adult to recover damages and obtain other appropriate relief as set forth under this subtitle.

Md. Code, Estates and Trusts § 13-605

(a) An action may be brought under this subtitle by a susceptible adult or older adult or by a person serving in one or more of the following representative capacities for a susceptible adult or older adult: (1) An attorney in fact, guardian, trustee, or other fiduciary acting on behalf of the susceptible adult or older adult, or a successor named in an instrument providing such authorization; (2) A person authorized to make health care decisions for the susceptible adult or older adult, or a successor named in an instrument providing the authorization; (3) A spouse, parent, or descendent of the susceptible adult or older adult; (4) An individual who would qualify as the susceptible adult’s or older adult’s presumptive heir; (5) A person named as a beneficiary to receive any property, benefit, or contractual right on the susceptible adult’s or older adult’s death, including a person who would be a beneficiary but for the financial exploitation; (6) The personal representative or special administrator of an estate of a deceased susceptible adult or older adult; or (7) A government agency that otherwise has authority and jurisdiction, including: (i) The Division of Consumer Protection in the Office of the Attorney General; and (ii) The Securities Commissioner of the Division of Securities in the Office of the Attorney General. (b) A cause of action authorized under this subtitle: (1) Is in addition to and cumulative with any other criminal or administrative claims, causes of action at law or in equity, or remedies otherwise available to the susceptible adult or older adult, including an action under § 13–204 of the Commercial Law Article and § 11–209 of the Corporations and Associations Article; and (2) Shall survive the death of the susceptible adult or older adult.

Md. Code, Estates and Trusts § 13-606

(a) (1) A plaintiff in an action brought under this subtitle is entitled to recover compensatory damages. (2) The damages awarded under this section are in addition to and cumulative with other lawful and administrative damages available to a party. (b) A party who brings an action under this subtitle to recover for injury or loss and is awarded compensatory damages may also seek and the court may award an amount not exceeding three times the compensatory damages and prejudgment interest. (c) (1) In addition to monetary damages, a party who brings an action under this subtitle is also entitled to: (i) Any other appropriate relief, including emergency, preliminary or permanent injunction, rescission, restitution, accounting, unjust enrichment, declaratory relief, and constructive trust; and (ii) Emergency or interim injunctive relief to preserve the assets of the susceptible adult or older adult, without the requirement of a bond in the discretion of the court. (2) The remedies provided in this subsection are in addition to and cumulative with other legal, equitable, and administrative remedies available to a party. (d) The court may award reasonable attorney’s fees and expenses to any person who brings an action under this subtitle for injury or loss and is awarded damages or any other remedy. (e) If it appears to the satisfaction of the court, at any time, that an action is brought in bad faith or is of a frivolous nature, the court may order the offending party to pay to the other party reasonable attorney’s fees and expenses.

Md. Code, Estates and Trusts § 13-607

(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 is commenced that arises out of the same facts as an action under this subtitle, the time during which the prosecution is pending shall not be computed as part of the period within which the action under this subtitle may be brought. (2) After the conclusion of the criminal prosecution described under paragraph (1) of this subsection, the action under this subtitle may be brought within the later of: (i) The remainder of the period specified under subsection (a) of this section; or (ii) 1 year.

Md. Code, Estates and Trusts § 13-608

(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.

Md. Code, Estates and Trusts § 13-609

This subtitle may be cited as the Maryland Statute Against Financial Exploitation (SAFE) Act.

Md. Code, Estates and Trusts § 13-701

(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.

Md. Code, Estates and Trusts § 13-702

(a) (1) On petition by any person interested in the welfare of the minor, and after notice and hearing as prescribed by the Maryland Rules, the court may appoint a guardian of the person of an unmarried minor if the court finds, by a preponderance of the evidence, that: (i) The appointment is in the best interests of the minor; (ii) No testamentary appointment has been made; and (iii) 1. No parent is willing or able to serve as guardian of the person of the minor; 2. Each parent consents to the appointment of the guardian of the person; or 3. No parent files an objection to the appointment of the guardian of the person. (2) If the minor is at least 14 years old, and if the person otherwise is qualified, the court shall appoint a person designated by the minor, unless the decision is not in the best interests of the minor. (3) This section may not be construed to require court appointment of a guardian of the person of a minor if there is no good reason, such as a dispute, for a court appointment. (4) This subsection may not be construed to provide that the appointment of a guardian of the person of a minor requires the termination of any parental rights with respect to the minor under Title 5 of the Family Law Article. (b) (1) Venue in proceedings under this subtitle shall be as prescribed by the Maryland Rules. (2) The contents of the petition and the manner of giving notice of the hearing on the petition shall be as prescribed by the Maryland Rules. (c) If there is no victim’s representative who can adequately assert the minor’s rights as a victim of a crime or a delinquent act and no court has appointed a guardian ad litem to protect the minor’s interests, the rights, duties, and powers that the court may order the guardian to exercise shall include serving as a victim’s representative to assert the minor’s interests.

Md. Code, Estates and Trusts § 13-703

(a) The guardian of the person of a minor may not be required to post any bond or to file any accounts. (b) Unless otherwise provided by the will appointing a guardian of the person, the guardian of the person may not be entitled to any compensation for serving as guardian of the person.

Md. Code, Estates and Trusts § 13-704

(a) The court may: (1) Superintend and direct the care of a disabled person; (2) Appoint a guardian of the person; and (3) Pass orders and decrees respecting the person as seems proper, including an order directing the disabled person to be sent to a hospital. (b) Procedures in these cases shall be as prescribed by the Maryland Rules and in accordance with the provisions of this subtitle and Title 13.5 of this article. (c) (1) On the filing of a petition for attorney’s fees made in reasonable detail by an interested person or an attorney employed by the interested person, the court may order reasonable and necessary attorney’s fees incurred in bringing a petition for appointment of a guardian of the person of a disabled person to be paid from the estate of the disabled person. (2) Before ordering the payment of attorney’s fees under paragraph (1) of this subsection, the court shall consider: (i) The financial resources and needs of the disabled person; and (ii) Whether there was substantial justification for the filing of the petition for guardianship. (3) On a finding by the court of an absence of substantial justification for bringing the petition for guardianship, the court shall deny a petition for attorney’s fees filed under paragraph (1) of this subsection. (4) The court may not award attorney’s fees under paragraph (1) of this subsection if the petition for guardianship is brought by: (i) A government agency paying benefits to the disabled person; (ii) A local department of social services; or (iii) An agency eligible to serve as the guardian of the disabled person under § 13–707 of this subtitle.

Md. Code, Estates and Trusts § 13-705

(a) On petition and after any notice or hearing prescribed by law or the Maryland Rules, a court may appoint a guardian of the person of a disabled person. (b) A guardian of the person shall be appointed if the court determines from clear and convincing evidence that: (1) A person lacks sufficient understanding or capacity to make or communicate responsible personal decisions, including provisions for health care, food, clothing, or shelter, because of any mental disability, disease, habitual drunkenness, or addiction to drugs; and (2) No less restrictive form of intervention is available that is consistent with the person’s welfare and safety. (c) (1) Procedures and venue in these cases shall be as described by Title 10, Chapters 100 and 200 of the Maryland Rules. (2) Notwithstanding the provisions of paragraph (1) of this subsection, a petition for guardianship of a disabled person shall include signed and verified certificates of competency from the following health care professionals who have examined or evaluated the disabled person: (i) Two licensed physicians; or (ii) 1. One licensed physician; and 2. A. One licensed psychologist; B. One licensed certified social worker–clinical; or C. One nurse practitioner. (3) An examination or evaluation by at least one of the health care professionals under paragraph (2) of this subsection shall occur within 21 days before filing a petition for guardianship of a disabled person. (d) (1) (i) Subject to paragraph (2) of this subsection, unless the alleged disabled person has counsel of the person’s own choice, the court shall appoint an attorney to represent the person in the proceeding and may require the deposit of an appropriate sum into the court registry or the appointed attorney’s escrow account within 30 days after the order of appointment has been entered, subject to further order of the court. (ii) If the person is indigent, the State shall pay a reasonable attorney’s fee. (iii) The court may not require the deposit of an appropriate sum into the court registry or the appointed attorney’s escrow account under subparagraph (i) of this paragraph if payment for the services of the court–appointed attorney for the alleged disabled person is the responsibility of: 1. A government agency paying benefits to the disabled person; 2. A local department of social services; or 3. An agency eligible to serve as the guardian of the disabled person under § 13–707 of this subtitle. (2) In any action in which payment for the services of a court–appointed attorney for the alleged disabled person is the responsibility of the local department of social services, unless the court finds that it would not be in the best interests of the alleged disabled person, the court shall: (i) Appoint an attorney who has contracted with the Department of Human Services to provide those services, in accordance with the terms of the contract; and (ii) In an action in which an attorney has previously been appointed, strike the appearance of the attorney previously appointed and appoint the attorney who is currently under contract with the Department of Human Services, in accordance with the terms of the contract. (e) (1) (i) The person alleged to be disabled is entitled to be present at the hearing unless the person has knowingly and voluntarily waived the right to be present or cannot be present because of physical or mental incapacity. (ii) Waiver or incapacity may not be presumed from nonappearance but shall be determined on the basis of factual information supplied to the court by counsel or a representative appointed by the court. (2) The person alleged to be disabled is also entitled to present evidence and to cross–examine witnesses. (3) The issue may be determined at a closed hearing without a jury if the person alleged to be disabled or the person’s counsel so requests and all hearings herein shall be confidential and sealed unless otherwise ordered by a court of competent jurisdiction for good cause shown. (f) The court shall hear and rule on a petition seeking appointment of a guardian of the person of a disabled person in connection with medical treatment on an expedited basis.

Md. Code, Estates and Trusts § 13-706

(a) An adjudication of a disability for purposes of appointing a guardian of a person may not be the basis for commitment of the disabled person to a mental institution. (b) Appointment of a guardian of the person: (1) Is not evidence of incompetency of the disabled person; and (2) Does not modify any civil right of the disabled person unless the court orders, including any civil service ranking, appointment, the right to apply for voluntary admission to a facility under § 10–611 of the Health – General Article, and rights relating to licensure, permit, privilege, or benefit under any law.

Md. Code, Estates and Trusts § 13-707

(a) Persons are entitled to appointment as guardian of the person according to the following priorities: (1) A person, agency, or corporation nominated by the disabled person if the disabled person was 16 years old or older when the disabled person signed the designation and, in the opinion of the court, the disabled person had sufficient mental capacity to make an intelligent choice at the time the disabled person executed the designation; (2) A health care agent appointed by the disabled person in accordance with Title 5, Subtitle 6 of the Health – General Article; (3) The disabled person’s spouse; (4) The disabled person’s parents; (5) A person, agency, or corporation nominated by the will of a deceased parent; (6) The disabled person’s children; (7) Adult persons who would be the disabled person’s heirs if the disabled person were dead; (8) A person, agency, or corporation nominated by a person caring for the disabled person; (9) Any other person, agency, or corporation considered appropriate by the court; and (10) (i) For adults less than 65 years old, the director of the local department of social services or, for adults 65 years old or older, the Secretary of Aging or the director of the area agency on aging, except in those cases where the department of social services has been appointed guardian of the person before age 65; and (ii) On appointment as guardian under item (i) of this item, directors of local departments of social services, directors of area agencies on aging, and the Secretary of Aging may delegate responsibilities of guardianship to staff persons whose names and positions have been registered with the court. (b) (1) A person specified in a priority in subsection (a)(2), (3), (5), or (6) of this section may waive and nominate in writing a person, agency, or corporation to serve in the person’s stead. (2) A nominee of a person holding priority has the same priority as the person making the nomination. (c) (1) (i) Among persons with equal priority the court shall select the one best qualified of those willing to serve. (ii) For good cause, the court may pass over a person with priority and appoint a person with a lower priority. (2) If a guardian of the estate has been appointed, the court may select the guardian of the estate to be guardian of the person, regardless of priority. (d) (1) Subject to paragraph (2) of this subsection, nonresidence does not disqualify any person from serving as guardian of the person. (2) A nonresident who is appointed may not qualify until the nonresident files with the register or clerk an irrevocable designation by the nonresident of an appropriate person who resides in the State on whom service of process may be made in the same manner and with the same effect as if it were served personally in the State on the nonresident. (e) A local department of social services, local office on aging, or the Secretary of Aging, may be appointed as a guardian of a person regardless of whether that person resides in a State or private residential facility.

Md. Code, Estates and Trusts § 13-708

(a) (1) The court may grant to a guardian of a person only those powers necessary to provide for the demonstrated need of the disabled person. (2) (i) The court may appoint a guardian of the person of a disabled person for the limited purpose of making one or more decisions related to the health care of that person. (ii) The court may appoint a guardian of the person of a disabled person for a limited period of time if it appears probable that the disability will cease within 1 year of the appointment of the guardian. (b) Subject to subsection (a) of this section, the rights, duties, and powers that the court may order include, but are not limited to: (1) The same rights, powers, and duties that a parent has with respect to an unemancipated minor child, except that the guardian is not liable solely by reason of the guardianship to third persons for any act of the disabled person; (2) The right to custody of the disabled person and to establish the disabled person’s place of abode within and without the State, provided there is court authorization for any change in the classification of abode, except that, except as provided under § 10–611 of the Health – General Article, no one may be committed to a mental facility without an involuntary commitment proceeding as provided by law; (3) The duty to provide for care, comfort, and maintenance, including social, recreational, and friendship requirements, and, if appropriate, for training and education of the disabled person; (4) If it is in the best interest of the disabled person, the duty to foster and preserve family relationships including, as appropriate, assisting to arrange visitation and communication by telephone calls, personal mail, and electronic communications; (5) The duty to take reasonable care of the clothing, furniture, vehicles, and other personal effects of the disabled person, and, if other property requires protection, the power to commence protective proceedings; (6) If a guardian of the estate of the disabled person has not been appointed, the right to commence proceedings to compel performance by any person of the person’s duty to support the disabled person, and to apply the estate to the support, care, and education of the disabled person, except that the guardian of the person may not obtain funds from the estate for room and board that the guardian, the guardian’s spouse, parent, or child provide without a court order approving the charge, and the duty to exercise care to conserve any excess estate for the needs of the disabled person; (7) If a guardian of the estate has been appointed, the duty to control the custody and care of the disabled person, to receive reasonable sums for room and board provided to the disabled person, and to account to the guardian of the estate for funds expended, and the right to ask the guardian of the estate to expend the estate in payment of third persons for care and maintenance of the disabled person; (8) (i) The duty to file an annual or biannual report with the court indicating the present place of residence and health status of the ward, the guardian’s plan for preserving and maintaining the future well–being of the ward, and the need for continuance or cessation of the guardianship or for any alteration in the powers of the guardian; and (ii) On receipt of a report under item (i) of this item: 1. The court shall renew the appointment of the guardian if the court is satisfied that the grounds for the original appointment stated in § 13–705(b) of this subtitle continue to exist; 2. If the court believes such grounds may not exist, the court shall hold a hearing, similar to that provided for in § 13–705 of this subtitle, at which the guardian shall be required to prove that such grounds exist; 3. If the court does not make these findings, the court shall order the discontinuance of the guardianship of the person; and 4. If the guardian declines to participate in the hearing, the court may appoint another guardian to replace the guardian pursuant to the priorities in § 13–707(a) of this subtitle; and (9) The power to give necessary consent or approval for: (i) Medical or other professional care, counsel, treatment, or service, including admission to a hospital or nursing home or transfer from one medical facility to another; (ii) Withholding medical or other professional care, counsel, treatment, or service; and (iii) Withdrawing medical or other professional care, counsel, treatment, or service. (c) (1) Notwithstanding the powers conferred to a guardian under subsection (b)(8) of this section, and except as provided in paragraph (2) of this subsection, where a medical procedure involves, or would involve, a substantial risk to the life of a disabled person, the court must authorize a guardian’s consent or approval for: (i) The medical procedure; (ii) Withholding the medical procedure; or (iii) Withdrawing the medical procedure that involves, or would involve, a substantial risk to the life of the disabled person. (2) The court may, upon such conditions as the court considers appropriate, authorize a guardian to make a decision regarding medical procedures that involve a substantial risk to life without further court authorization, if: (i) The disabled person has executed an advance directive in accordance with Title 5, Subtitle 6 of the Health – General Article that authorizes the guardian to consent to the provision, withholding or withdrawal of a medical procedure that involves a substantial risk to life but does not appoint a health care agent; or (ii) The guardian is: 1. Within a class of individuals specified in § 5–605(a)(2) of the Health – General Article as authorized to make health care decisions for the disabled person; and 2. Determined by the court to be familiar with the personal beliefs, values, and medical situation of the disabled person. (3) A petition seeking the authorization of a court that a life–sustaining procedure be withheld or withdrawn is subject to the provisions of §§ 13–711 through 13–713 of this subtitle. (d) (1) Notwithstanding subsection (a) of this section, and in addition to the rights, duties, and powers which the court may order under subsection (b) of this section, the court may order the relief provided under this subsection. (2) (i) If a guardian of the estate has been appointed, a guardian of the person may ask the guardian of the estate to expend the estate in payment of care and maintenance services provided directly to the disabled person by the guardian of the person at the rate of reimbursement established under this subsection. (ii) The guardian of the person shall maintain appropriate records to document the care and maintenance services provided directly to the disabled person to receive any payment under this subsection. (3) To implement the provisions of this subsection, the court may: (i) Adopt guidelines for the rate of reimbursement for care and maintenance services provided directly by the guardian of the person to a disabled person; (ii) Establish appropriate procedures for records, inspections, audits, or other requirements to monitor care and maintenance services provided directly by the guardian of the person for which the guardian of the person is reimbursed; and (iii) Order any act necessary for the best interests of the disabled person. (e) Notwithstanding subsection (a) of this section, and in addition to the rights, duties, and powers that the court may order under subsection (b) of this section, the court may order the guardian of a person with a disability to serve as a victim’s representative to assert the person’s interests if: (1) There is no victim’s representative who can adequately assert the person’s rights as a victim of a crime or a delinquent act; and (2) No court has appointed a guardian ad litem to protect the person’s interests.

Md. Code, Estates and Trusts § 13-709

(a) (1) A law enforcement officer shall transport an adult to an appropriate medical facility, which shall immediately notify the next of kin and the director, when, from personal observation of the officer, it appears probable that: (i) The adult will suffer immediate and serious physical injury or death if not immediately placed in a health care facility; (ii) The adult is incapable of giving consent; and (iii) It is not possible to follow the procedures of this section. (2) The medical care provided under paragraph (1) of this subsection may not be rendered in a State mental facility other than, in an appropriate case, the Walter P. Carter Community Mental Health and Retardation Center and the Highland Health Facility unless authorized by the courts in a civil commitment proceeding. (3) (i) The director shall file a petition for any adult transferred under this subsection pursuant to subsection (b) of this section within 24 hours after the transfer of the person has taken place. (ii) The court shall hold a hearing on the petition and render its decision within 48 hours after the transfer has occurred. (b) Upon petition by an interested person, a court may issue an order authorizing the provision of protective services on an emergency basis to an adult after finding on the record, based on clear and convincing evidence, that: (1) For the purpose of this section the person lacks capacity under the standards enumerated in § 13–705(b) of this subtitle; (2) An emergency exists, as defined in § 13–101 of this title; and (3) No person authorized by law or court order to give consent for the person is available to consent to emergency services. (c) In issuing an emergency order, the court shall adhere to the following limitations: (1) Only such protective services as are necessary to remove the conditions creating the emergency shall be ordered; the court shall specifically designate the approved services in its order; (2) Protective services authorized by an emergency order shall not include hospitalization or a change of residence unless the court specifically finds such action is necessary and gives specific approval for such action in its order; (3) Protective services may be provided under an initial emergency order for not more than 144 hours, and the initial order may be renewed as provided in paragraph (5) of this subsection; (4) In its order the court shall appoint the petitioner, another interested person, the director, or the Secretary of Aging as temporary guardian of the person with responsibility for the person’s welfare and authority to give consent for the person for the approved protective services until the expiration of the order; (5) (i) Notwithstanding the provisions of paragraphs (3) and (4) of this subsection, the court may extend the terms of the emergency order and the appointment of the temporary guardian until appointment of a guardian of the person pursuant to § 13–705 of this subtitle, on petition of the temporary guardian, the director, or the Secretary of Aging, as appropriate, and after a showing that the conditions found to exist in subsection (b) of this section will probably continue beyond the expiration of the extended emergency order; (ii) A petition under subparagraph (i) of this paragraph shall be filed before the expiration of the 6–day period provided for in paragraph (3) of this subsection and shall be accompanied by a petition for appointment of a guardian of the person pursuant to § 13–705 of this subtitle; and (iii) A petition for appointment of a guardian of the person under subparagraph (ii) of this paragraph shall be heard on an expedited basis no more than 60 days after the filing of the petition; (6) The issuance of an emergency order and the appointment of a temporary guardian shall not deprive the person of any rights except to the extent provided for in the order or appointment; and (7) (i) To implement an emergency order, the court may authorize forcible entry of the premises of the person for the purpose of rendering protective services or transporting the person to another location for the provision of protective services only after a showing to the court that attempts to gain voluntary access to the premises have failed and forcible entry is necessary; and (ii) Persons making authorized forcible entry under subparagraph (i) of this paragraph shall be accompanied by a law enforcement officer, the director or the director’s representative, and if appropriate, a representative of the local department of health. (d) The petition for an emergency order shall set forth: (1) The name, address, and interest of the petitioner; (2) The name, age, and address of the person in need of protective services; (3) The nature of the person’s disability, if determinable; (4) The proposed protective services; (5) The petitioner’s reasonable belief, together with supportive facts, as to the existence of the facts stated in subsection (b)(1) through (3) of this section; and (6) Facts showing the petitioner’s attempts to obtain the person’s consent to the services and the outcomes of the attempts. (e) (1) Notice of the filing of the petition for an emergency order shall be given as required in the Maryland Rules and to the director. (2) The notice shall be given in language reasonably understandable by the intended recipients at least 24 hours before the hearing for emergency intervention. (3) The court may waive the 24–hour notice requirement on a showing that: (i) Immediate and reasonably foreseeable physical harm to the person or others will result from the 24–hour delay; and (ii) Reasonable attempts have been made to give notice. (4) Notice of the court’s final order shall be given to the same parties as required under paragraph (1) of this subsection. (f) (1) The hearing on a petition for an emergency order for protective services shall be held under the following conditions: (i) 1. The person shall be present unless the person has knowingly and voluntarily waived the right to be present or cannot be present because of physical or mental incapacity; and 2. Waiver or incapacity may not be presumed from nonappearance but shall be determined on the basis of factual information supplied to the court by counsel or a representative appointed by the court; (ii) 1. The person has the right to counsel whether or not the person is present at the hearing; 2. Subject to paragraph (2) of this subsection, if the person is indigent or lacks the capacity to waive counsel, the court shall appoint counsel; and 3. If the person is indigent, the State shall pay reasonable attorney’s fees; and (iii) 1. The person may present evidence and cross–examine witnesses; and 2. The hearing shall be held no earlier than 24 hours after the notice required in subsection (e) of this section has been given, unless such notice has been waived by the court. (2) In any action in which payment for the services of a court–appointed attorney for the person is the responsibility of the local department of social services, unless the court finds that it would not be in the best interests of the person, the court shall: (i) Appoint an attorney who has contracted with the Department of Human Services to provide those services, in accordance with the terms of the contract; and (ii) In an action in which an attorney has previously been appointed, strike the appearance of the attorney previously appointed and appoint the attorney who is currently under contract with the Department of Human Services, in accordance with the terms of the contract. (g) The court shall issue for the record a statement of its findings in support of any order for emergency protective services. (h) The person, the temporary guardian, or any interested person may petition the court to have the emergency order set aside or modified at any time, notwithstanding any prior findings by the court that the person is disabled. (i) (1) If protective services are rendered on the basis of an emergency order, the temporary guardian shall submit a report describing the circumstances including the name, place, date, and nature of the services, and the use of forcible entry, if any, to the court and the director. (2) The report under this subsection shall become part of the court record. (j) The person or the guardian of the person may appeal any findings of a court under subsection (b) of this section. Such appeal shall be handled on an expedited basis by the appellate court.

Md. Code, Estates and Trusts § 13-710

(a) Any person filing a petition, participating in the making of a good–faith report, or participating in an investigation or in a judicial proceeding resulting therefrom, pursuant to § 13–705 or § 13–709 of this subtitle or Title 14, Subtitle 3 of the Family Law Article, shall have the immunity from civil liability or criminal penalty described under § 5–618(a) of the Courts and Judicial Proceedings Article. (b) A law enforcement officer who transports an adult to an appropriate medical facility under § 13–709 of this subtitle shall have the immunity from civil or criminal liability described under § 5–618(b) of the Courts and Judicial Proceedings Article.

Md. Code, Estates and Trusts § 13-711

(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 the disabled person; (2) The degree of physical pain or discomfort caused to the disabled person by the treatment, or the withholding or withdrawal of the treatment; (3) The degree to which the disabled person’s medical condition, the treatment, or the withholding or withdrawal of treatment results in a severe and continuing impairment of the dignity of the disabled person by subjecting the individual to a condition of extreme humiliation and dependency; (4) The effect of the treatment on the life expectancy of the disabled person; (5) The prognosis of the disabled person for recovery, with and without the treatment; (6) The risks, side effects, and benefits of the treatment or the withholding or withdrawal of the treatment; and (7) The religious beliefs and basic values of the disabled person receiving treatment, to the extent these may assist the decision maker in determining best interest. (c) “Life-sustaining procedure” means any medical procedure, treatment, or intervention used to sustain, restore, supplement, or supplant a spontaneous vital function in order to prevent or postpone the death of a disabled person. (d) “Substituted judgment” means a determination by a court that a disabled person would, if competent, make the same health care decision regarding a life-sustaining procedure taking into account any information that may be relevant to the decision, including: (1) The current diagnosis, prognosis with and without the life-sustaining procedure, and life expectancy of the disabled person; (2) Any expressed preferences of the disabled person regarding the provision of, or the withholding or withdrawal of, the life-sustaining procedure at issue; (3) Any expressed preferences of the disabled person about the provision of, or the withholding or withdrawal of, life-sustaining procedures generally; (4) Any religious or moral beliefs or personal values of the disabled person in relation to the provision of, or the withholding or withdrawal of, life-sustaining procedures; (5) Any behavioral or other manifestations of the attitude of the disabled person toward the provision of, or the withholding or withdrawal of, the life-sustaining procedure; (6) Any consistent pattern of conduct by the disabled person regarding prior decisions about health care; (7) Any reactions of the disabled person to the provision of, or the withholding or withdrawal of, a comparable life-sustaining procedure for another individual; and (8) Any expressed concerns of the disabled person about the effect on the family or intimate friends of the disabled person if a life-sustaining procedure were provided, withheld, or withdrawn.

Md. Code, Estates and Trusts § 13-712

(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, decide to withhold or withdraw a life-sustaining procedure under the circumstances. (c) Evidence of the intentions or wishes of the disabled person regarding the withholding or withdrawal of a life-sustaining procedure that might otherwise be inadmissible may be admitted, in the discretion of the court, if it is: (1) Material and probative; and (2) The best evidence available.

Md. Code, Estates and Trusts § 13-713

(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 best interest of the disabled person. (b) The decision of whether life-sustaining procedures should be provided, withheld, or withdrawn shall not be based, in whole or in part, on either a patient’s preexisting, long-term mental or physical disability, or a patient’s economic disadvantage.

Md. Code, Estates and Trusts § 13-801

(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 suit or other proceeding affecting in any manner the administration by the guardian of the estate of any present or former beneficiary which includes assets derived in whole or in part from benefits paid by the U.S. Department of Veterans Affairs to the guardian or the guardian’s predecessor for the beneficiary. (b) Notice of a suit or proceeding shall be given to the office of the U.S. Department of Veterans Affairs having jurisdiction over the area in which the suit or proceeding is pending at least 15 days before any hearing unless notice is waived in writing.

Md. Code, Estates and Trusts § 13-802

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 that appointment of a guardian is a condition precedent to the payment of any money due the minor from the U.S. Department of Veterans Affairs shall be prima facie evidence of the necessity for the appointment.

Md. Code, Estates and Trusts § 13-803

(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 Affairs is paying or planning to pay benefits to a person to be protected because of a legal disability; or (2) A person to be protected because of a legal disability has an estate that includes assets derived in whole or in part from benefits paid by the U.S. Department of Veterans Affairs to the guardian or the guardian’s predecessor for the benefit of the person. (b) (1) The amount of the bond may not be less than the estate derived from U.S. Department of Veterans Affairs benefits paid to the guardian or the guardian’s predecessor and anticipated income of the beneficiary from the U.S. Department of Veterans Affairs during the ensuing year, less the value of securities or money deposited with an insured financial institution, as defined in § 13–301(h) of this title, under arrangements requiring an order of the court for their removal, and the value of any land which the guardian, by express limitation of power, lacks powers to sell or convey without court authorization. (2) The court for good cause shown may require the amount of the bond to be changed. (3) Bond premiums shall be charged against the estate of the beneficiary.

Md. Code, Estates and Trusts § 13-804

(a) Every guardian of a beneficiary who is receiving benefits from the U.S. Department of Veterans Affairs or whose estate includes assets derived in whole or in part from benefits paid by the U.S. Department of Veterans Affairs to the guardian or the guardian’s predecessor for the beneficiary shall file: (1) (i) Annual accounts with each interested person or with the court; or (ii) If the guardian does not file an accounting with the court, the guardian shall file with the court a written verification that the guardian has delivered the accounting to each interested person; (2) A final account of the guardian’s administration with the court on the guardian’s resignation or removal or on the termination of the minority or disability; and (3) Intermediate accounts at the times as the court may direct. (b) (1) (i) The guardian, at the time of filing any account with the court, shall exhibit all securities or investments the guardian holds to the judge or clerk of the court of the guardian’s appointment. (ii) The judge or clerk of the court of the guardian’s appointment shall endorse on the account and copy a certificate that the securities or investments shown therein as held by the guardian were each exhibited to the judge or clerk of the court and noting any omission or discrepancy. (2) (i) The guardian may exhibit the securities or investments to an officer of the bank or other depository where the securities or investments are held for safekeeping, to the judge or clerk of a court of record in this State, to an authorized representative of the corporation which is surety on the guardian’s bond, or on request of the guardian or other interested party, to any other reputable person designated by the court. (ii) Any person to whom the guardian exhibited securities or investments under subparagraph (i) of this paragraph shall certify in writing that the person has examined the securities or investments and identified them with those described in the account and shall note any omission or discrepancies. (3) The certificate, and the certificate of an official of the bank in which are deposited any funds for which the guardian is accountable, showing the amount on deposit, shall be prepared and signed in duplicate and one of each shall be filed by the guardian with the guardian’s account. (c) (1) At the time of filing in the court any account, a certified copy of it and a signed duplicate of each certificate filed with the court shall be sent by the guardian to the office of the U.S. Department of Veterans Affairs having jurisdiction over the area in which the court is located. (2) A duplicate signed copy or a certified copy of any petition, motion or other pleading pertaining to an account, or to any matter other than an account which is filed in a guardianship proceeding, in which the Secretary of Veterans Affairs is an interested person, shall be furnished by the persons filing it to the proper office of the U.S. Department of Veterans Affairs.

Md. Code, Estates and Trusts § 13-805

(a) Every guardian of a U.S. Department of Veterans Affairs beneficiary shall invest the surplus funds of the estate of the beneficiary derived from U.S. Department of Veterans Affairs benefits paid to the guardian or the guardian’s predecessor for the beneficiary in securities or property authorized under the laws of this State but only upon prior order of the court. (b) Notwithstanding subsection (a) of this section, the funds may be invested, without prior court authorization, in: (1) Direct unconditional interest–bearing obligations of this State or of the United States; (2) Banks and savings and loan associations whose deposits are federally insured; (3) Obligations the interest and principal of which are unconditionally guaranteed by the United States; or (4) Securities of, or other interests in, any no–load open–end management type investment company or investment trust registered under the provisions of the federal Investment Company Act of 1940, 15 U.S.C. § 80a–1, et seq., if: (i) The portfolio of the no–load open–end management type investment company or investment trust is limited to obligations of the United States government and to repurchase agreements fully collateralized by United States government obligations; (ii) The no–load open–end management type investment company or investment trust takes delivery of that collateral, either directly or through an authorized custodian; and (iii) The no–load open–end management type investment company or investment trust does not impose a contingent deferred sales charge or distribution charge. (c) A signed duplicate or certified copy of the petition for authority to invest shall be furnished the proper office of the U.S. Department of Veterans Affairs, and notice of hearing upon it shall be given the office.

Md. Code, Estates and Trusts § 13-806

No commission or compensation may be allowed a guardian of a U.S. Department of Veterans Affairs beneficiary on the money or other assets received from a prior fiduciary nor on the amount received from liquidation of loans or other investments if the money, assets, loans or investments were derived in whole or in part from benefits paid by the U.S. Department of Veterans Affairs to the guardian or the guardian’s predecessor for the beneficiary.

Md. Code, Estates and Trusts § 13-901

(a) In this subtitle the following words have the meanings indicated. (b) “Adverse immigration action” includes: (1) Arrest or apprehension by a law enforcement officer for an alleged violation of federal immigration law; (2) Detention or custody by the Department of Homeland Security or a federal, State, or local agency authorized or acting on behalf of the Department of Homeland Security; (3) Departure from the United States under an order of removal, deportation, exclusion, voluntary departure, or expedited removal, or a stipulation of voluntary departure; (4) The denial, revocation, or delay of the issuance of a visa or transportation letter by the Department of State; (5) The denial, revocation, or delay of the issuance of a parole document or reentry permit by the Department of Homeland Security; or (6) The denial of admission or entry into the United States by the Department of Homeland Security. (c) (1) “Attending physician” means a physician who has primary responsibility for the treatment and care of a parent described under this subtitle. (2) If more than one physician shares the responsibility for the treatment and care of a parent or if another physician is acting on the attending physician’s behalf, any physician described in this paragraph may act as the attending physician under this subtitle. (3) If no physician has responsibility for the treatment and care of a parent, any physician who is familiar with the parent’s medical condition may act as the attending physician under this subtitle. (d) (1) “Debilitation” means a person’s chronic and substantial inability, as a result of a physically incapacitating illness, disease, or injury, to care for the person’s dependent minor child. (2) “Debilitated” means the state of having a debilitation. (e) (1) “Incapacity” means a person’s chronic and substantial inability, as a result of mental impairment, to understand the nature and consequences of decisions concerning the care of the person’s dependent minor child, and a consequent inability to care for the child. (2) “Incapacitated” means the state of having an incapacity. (f) “Standby guardian” means a person: (1) Appointed by a court under § 13–903 of this subtitle as standby guardian of the person or property of a minor, whose authority becomes effective on the incapacity or death of the minor’s parent, or on the consent of the parent; or (2) Designated under § 13–904 of this subtitle as standby guardian of the person or property of a minor, whose authority becomes effective on the incapacity of the minor’s parent, on the debilitation and consent of the parent, or in the event of an adverse immigration action against the parent and the consent of the parent.

Md. Code, Estates and Trusts § 13-902

Except as otherwise provided in this subtitle, the provisions of this title concerning a guardian of the person or property of a minor shall apply to standby guardians.

Md. Code, Estates and Trusts § 13-903

(a) (1) Subject to the provisions of paragraphs (2) and (3) of this subsection, a petition for the judicial appointment of a standby guardian of the person or property of a minor under this section may be filed only by a parent of the minor, and if filed, shall be joined by each person having parental rights over the minor. (2) If a person who has parental rights cannot be located after reasonable efforts have been made to locate the person, the parent may file a petition for the judicial appointment of a standby guardian. (3) If the petitioner submits documentation, satisfactory to the court, of the reasonable efforts to locate the person who has parental rights, the court may issue a decree under this section. (b) A petition for the judicial appointment of a standby guardian shall state: (1) The duties of the standby guardian; (2) Whether the authority of the standby guardian is to become effective on the petitioner’s incapacity, on the petitioner’s death, or on whichever occurs first; and (3) That there is a significant risk that the petitioner will become incapacitated or die, as applicable, within 2 years of the filing of the petition, and the basis for this statement. (c) If the petitioner is medically unable to appear, the petitioner’s appearance in court may not be required, except on a motion and for good cause shown. (d) (1) If the court finds that there is a significant risk that the petitioner will become incapacitated or die within 2 years of the filing of the petition and that the interests of the minor will be promoted by the appointment of a standby guardian of the person or property of the minor, the court shall issue a decree accordingly. (2) A decree under this subsection shall: (i) Specify whether the authority of the standby guardian is effective on the receipt of a determination of the petitioner’s incapacity, on the receipt of the certificate of the petitioner’s death, or on whichever occurs first; and (ii) Provide that the authority of the standby guardian may become effective earlier on written consent of the petitioner in accordance with subsection (e)(3) of this section. (3) If at any time before the beginning of the authority of the standby guardian the court finds that the requirements of paragraph (1) of this subsection are no longer satisfied, the court may rescind the decree. (e) (1) (i) If a decree under subsection (d) of this section provides that the authority of the standby guardian is effective on receipt of a determination of the petitioner’s incapacity, the standby guardian’s authority shall begin on the standby guardian’s receipt of a copy of a determination of incapacity made under § 13-906 of this subtitle. (ii) A standby guardian shall file a copy of the determination of incapacity with the court that issued the decree within 90 days of the date of receipt of the determination. (iii) If a standby guardian fails to comply with subparagraph (ii) of this paragraph, the court may rescind the standby guardian’s authority. (2) (i) If a decree under subsection (d) of this section provides that the authority of the standby guardian is effective on receipt of a certificate of the petitioner’s death, the standby guardian’s authority shall begin on the standby guardian’s receipt of a certificate of death. (ii) The standby guardian shall file a copy of the certificate of death with the court that issued the decree within 90 days of the date of the petitioner’s death. (iii) If the standby guardian fails to comply with subparagraph (ii) of this paragraph, the court may rescind the standby guardian’s authority. (3) (i) Notwithstanding paragraphs (1) and (2) of this subsection, a standby guardian’s authority shall begin on the standby guardian’s receipt of the petitioner’s written consent to the beginning of the standby guardian’s authority signed by: 1. The petitioner in the presence of two witnesses at least 18 years of age, neither of whom may be the standby guardian; and 2. The standby guardian. (ii) 1. If the petitioner is physically unable to sign a written consent to the beginning of the standby guardian’s authority, another person may sign the consent on the petitioner’s behalf and at the petitioner’s direction. 2. A consent under this subparagraph to the beginning of the standby guardian’s authority shall be signed in the presence of the petitioner and two witnesses at least 18 years of age, neither of whom may be the standby guardian. 3. A standby guardian also shall sign a written consent to the beginning of the standby guardian’s authority under this subparagraph. (iii) The standby guardian shall file the written consent with the court that issued the decree within 90 days of the date of receipt of the written consent. (iv) If the standby guardian fails to comply with subparagraph (iii) of this paragraph, the court may rescind the standby guardian’s authority. (f) The petitioner may revoke a standby guardianship created under this section by: (1) Executing a written revocation; (2) Filing the revocation with the court that issued the decree; and (3) Promptly notifying the standby guardian of the revocation. (g) A person who is judicially appointed as a standby guardian under this section may at any time before the beginning of the person’s authority renounce the appointment by: (1) Executing a written renunciation; (2) Filing the renunciation with the court that issued the decree; and (3) Promptly notifying in writing the petitioner of the revocation.

Md. Code, Estates and Trusts § 13-904

(a) (1) A parent may designate a standby guardian by means of a written designation: (i) Signed in the presence of two witnesses, at least 18 years old, neither of whom is the standby guardian; and (ii) Signed by the standby guardian. (2) (i) If a parent is physically unable to sign a written designation, another person may sign the designation on the parent’s behalf and at the parent’s direction. (ii) 1. A designation under this paragraph shall be signed in the presence of the parent and two witnesses at least 18 years of age, neither of whom may be the standby guardian. 2. The standby guardian also shall sign a designation under this paragraph. (b) (1) A designation of a standby guardian shall identify the parent, the minor, and the person designated to be the standby guardian, state the duties of the standby guardian, and indicate that the parent intends for the standby guardian to become the minor’s guardian in the event the parent: (i) Becomes incapacitated; (ii) Becomes debilitated and consents to the beginning of the standby guardian’s authority; or (iii) Is subject to an adverse immigration action and consents to the beginning of the standby guardian’s authority. (2) A parent may designate an alternate standby guardian in the same writing and by the same manner as the designation of a standby guardian. (3) A designation may, but need not, be in the following form: Designation of Standby Guardian I (name of parent) hereby designate (name, home address, and telephone number of standby guardian) as standby guardian of the person and property of my child(ren) (name of child(ren)). (You may, if you wish, provide that the standby guardian’s authority shall extend only to the person, or only to the property, of your child, by crossing out “person” or “property”, whichever is inapplicable, above.) The standby guardian’s authority shall take effect if and when: (1) My doctor concludes I am mentally incapacitated, and thus unable to care for my child(ren); (2) My doctor concludes that I am physically debilitated, and thus unable to care for my child(ren) and I consent in writing, before two witnesses, to the standby guardian’s authority taking effect; or (3) I am subject to an adverse immigration action, and I am thus unable to care for my child(ren) and I consent in writing, before two witnesses, to the standby guardian’s authority taking effect. If the person I designate above is unable or unwilling to act as guardian for my child(ren), I hereby designate (name, home address, and telephone number of alternate standby guardian), as standby guardian of my child(ren). I also understand that my standby guardian’s authority will cease 180 days after beginning unless by that date my standby guardian petitions the court for appointment as guardian. I understand that I retain full parental rights even after the beginning of the standby guardian’s authority, and may revoke the standby guardianship at any time. Parent’s Signature: _____________________________________________________ Address: _______________________________________________________________ Date: __________________________________________________________________ I declare that the person whose name appears above signed this document in my presence, or was physically unable to sign and asked another to sign this document, who did so in my presence. I further declare that I am at least 18 years old and am not the person designated as standby guardian. Witness’s Signature: ____________________________________________________ Address: _______________________________________________________________ Date: __________________________________________________________________ Witness’s Signature: ____________________________________________________ Address: _______________________________________________________________ Date: __________________________________________________________________ Standby Guardian’s Signature: __________________________________________ Address: _______________________________________________________________ Date: __________________________________________________________________ (4) A consent by another person with parental rights to a designation of a standby guardian by a parent may, but need not be, in the following form: Consent to Designation of Standby Guardian I (name of person with parental rights) agree with the designation by (name of parent) of (name, home address, and telephone number of standby guardian) as standby guardian of the person and property of my child(ren) (name of child(ren)). I agree also to the terms stated above and understand that I retain full parental rights even after the beginning of the standby guardian’s authority, and may revoke my consent to the standby guardianship at any time. Signature of Person with Parental Rights: _________________________________ Address: _______________________________________________________________ Date: __________________________________________________________________ I declare that the person whose name appears above signed this document in my presence, or was physically unable to sign and asked another to sign this document, who did so in my presence. I further declare that I am at least 18 years old and am not the person designated as standby guardian. Witness’s Signature: ____________________________________________________ Address: _______________________________________________________________ Date: __________________________________________________________________ Witness’s Signature: ____________________________________________________ Address: _______________________________________________________________ Date: __________________________________________________________________ Standby Guardian’s Signature: __________________________________________ Address: _______________________________________________________________ Date: __________________________________________________________________ (c) The authority of the standby guardian under a designation shall begin on: (1) The standby guardian’s receipt of a copy of a determination of incapacity under § 13–906 of this subtitle; (2) The standby guardian’s receipt of: (i) A copy of a determination of debilitation under § 13–906 of this subtitle; (ii) A copy of the parent’s written consent to the beginning of the standby guardianship, signed by the parent in the presence of two witnesses at least 18 years of age, neither of whom is the standby guardian, and signed by the standby guardian; and (iii) A copy of the birth certificate for each child for whom the standby guardian is designated; or (3) The standby guardian’s receipt of: (i) Evidence of an adverse immigration action against the parent; and (ii) A copy of the parent’s written consent to the beginning of the standby guardianship, signed by the parent in the presence of two witnesses at least 18 years of age, neither of whom is the standby guardian, and signed by the standby guardian. (d) (1) If a parent is physically unable to sign a written consent to the beginning of the standby guardianship, another person may sign the written consent to the beginning of the standby guardianship on the parent’s behalf and at the parent’s direction. (2) A consent under this subsection to the beginning of the standby guardianship shall be signed in the presence of the parent and two witnesses at least 18 years of age, neither of whom may be the standby guardian. (3) The standby guardian also shall sign a consent to the beginning of the standby guardianship under this subsection. (e) (1) A standby guardian shall file a petition for judicial appointment within 180 days of the date of the beginning of the standby guardianship under this section. (2) If the standby guardian fails to file the petition within the time specified in this subsection, the standby guardian’s authority shall terminate 180 days from the date of the beginning of the standby guardianship. (3) The standby guardian’s authority shall begin again on the filing of the petition. (f) (1) A standby guardian shall file a petition for appointment as guardian after receipt of: (i) A copy of a determination of incapacity made under § 13–906 of this subtitle; (ii) Copies of: 1. A determination of debilitation made under § 13–906 of this subtitle; and 2. The parent’s written consent to the beginning of the standby guardianship under this section; or (iii) 1. Evidence of an adverse immigration action against the parent; and 2. Copies of the parent’s written consent to the beginning of the standby guardianship under this section. (2) Subject to the provisions of paragraphs (3) and (4) of this subsection, the petition shall be accompanied by: (i) The written designation of the standby guardian signed, or consented to, by each person having parental rights over the child; (ii) 1. A copy of: A. The determination of incapacity of the parent; or B. The determination of debilitation and the parental consent to the beginning of the standby guardianship; or 2. Evidence of an adverse immigration action against the parent, the parental consent to the beginning of the guardianship, and a copy of the birth certificate or other evidence of parentage for each child for whom the standby guardian is designated; and (iii) If the petition is filed by a person designated as alternate standby guardian, a statement that the person designated as standby guardian is unwilling or unable to act as standby guardian, and the basis for the statement. (3) (i) If a person who has parental rights cannot be located after reasonable efforts have been made to locate the person, the standby guardian may file a petition under this section without the consent of the person to the designation of the standby guardian. (ii) If a petition involves an adverse immigration action against a parent and a person who has parental rights resides outside the United States, the standby guardian may file a petition under this section without the consent of the person who has parental rights to the designation of the standby guardian. (4) If the standby guardian submits documentation, satisfactory to the court, of the reasonable efforts to locate the person who has parental rights, the court may appoint a standby guardian under this section. (g) The court shall appoint a person to be a standby guardian under this section if the court finds that: (1) The person was duly designated as standby guardian; (2) (i) A determination of incapacity, or a determination of debilitation and parental consent to the beginning of the standby guardianship, has been made under this section; or (ii) There is evidence of an adverse immigration action and parental consent to the beginning of the standby guardianship has been given under this section; (3) The interests of the minor will be promoted by the appointment of a standby guardian of the person or property of the minor; and (4) If the petition is by a person designated as alternate standby guardian, the person designated as standby guardian is unwilling or unable to act as standby guardian. (h) A parent may revoke a standby guardianship created under this section: (1) Before the filing of a petition, by notifying the standby guardian verbally or in writing or by any other act that is evidence of a specific intent to revoke the standby guardianship; and (2) If a petition has been filed by: (i) Executing a written revocation; (ii) Filing the revocation with the court in which the petition was filed; and (iii) Promptly notifying the standby guardian of the revocation. (i) A person who is judicially appointed as a standby guardian under this section may at any time before the beginning of the person’s authority renounce the appointment by: (1) Executing a written renunciation; (2) Filing the renunciation with the court that issued the decree; and (3) Promptly notifying in writing the parent of the revocation.

Md. Code, Estates and Trusts § 13-905

A standby guardian may also file a petition for appointment as guardian in any other manner permitted by this title, on notice to the parent, and may append a designation of a standby guardian to the petition for consideration by the court in the determination of the petition.

Md. Code, Estates and Trusts § 13-906

(a) (1) A determination of incapacity or debilitation under this subtitle shall: (i) Be made by the attending physician to a reasonable degree of medical certainty; (ii) Be in writing; and (iii) Contain the attending physician’s opinion regarding the cause and nature of the parent’s incapacity or debilitation, and the extent and probable duration of the incapacity or debilitation. (2) If a standby guardian’s identity is known to an attending physician, the attending physician shall provide a copy of a determination of incapacity or debilitation to the standby guardian. (b) If requested by a standby guardian, an attending physician shall make a determination regarding the parent’s incapacity or debilitation for purposes of this subtitle. (c) If the parent is able to comprehend the information, a standby guardian shall inform the parent of: (1) The beginning of the standby guardian’s authority as a result of a determination of incapacity; and (2) The parent’s right to revoke the authority promptly after receipt of the determination of incapacity.

Md. Code, Estates and Trusts § 13-907

(a) A standby guardian’s authority under this subtitle may not, itself, divest a parent of any parental or guardianship rights. (b) The authority of a standby guardian with respect to the minor is limited to the express authority granted to the standby guardian by a court under this subtitle. (c) The appointment of a standby guardian of a minor under this subtitle may not be construed to require the termination of parental rights with respect to the minor under Title 5 of the Family Law Article.

Md. Code, Estates and Trusts § 13-908

The furnishing of a bond by a standby guardian shall be governed by the provisions of § 13-208 of this title.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026