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§ 15-122.3. Personal needs allowance for guardianship fees

West's Annotated Code of MarylandHealth--GeneralEffective: October 1, 2016

West's Annotated Code of Maryland
Health--General
Title 15. Assistance Programs (Refs & Annos)
Subtitle 1. Medical and Pharmacy Assistance Programs (Refs & Annos)
Effective: October 1, 2016
MD Code, Health - General, § 15-122.3
§ 15-122.3. Personal needs allowance for guardianship fees
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Available income” means the portion of income of a Program recipient that the Program recipient is required to contribute to the cost of care for the Program recipient under the Program.
(3) “Disabled person” has the meaning stated in § 13-101 of the Estates and Trusts Article.
(4) “Guardian” means:
(i) A guardian of the person; or
(ii) A guardian of the property.
(5) “Guardian of the person” means a person who has been appointed by a court as a guardian of the person of a disabled person under § 13-705 of the Estates and Trusts Article.
(6) “Guardian of the property” means a person who has been appointed by a court as a guardian of the property of a disabled person under § 13-201 of the Estates and Trusts Article.
(7) “Guardianship services” means services provided to a recipient who is a disabled person by a guardian while acting in the capacity as a guardian.
(8) “Recipient” means a Program recipient who receives long-term care services and supports under the Program.
Determination of available income
(b) Subject to subsection (c) of this section, when determining the available income of a recipient who is a disabled person and has a guardian, the Department shall include as part of the personal needs allowance guardianship fees payable for guardianship services.
Amount of allowance
(c) The personal needs allowance for guardianship fees shall be as follows:
(1) If one person is serving as both the guardian of the person and the guardian of the property of the recipient, the personal needs allowance shall be $50 per month; and
(2) If one person is serving as the guardian of the person of the recipient and a different person is serving as the guardian of the property of the recipient, the personal needs allowance shall be $50 per month for each guardian.

Credits

Added by Acts 2016, c. 390, § 1, eff. Oct. 1, 2016; Acts 2016, c. 391, § 1, eff. Oct. 1, 2016.
MD Code, Health - General, § 15-122.3, MD HEALTH GEN § 15-122.3
Current through legislation effective through June 1, 2022, from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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