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§ 5-1104. Transfer of structured settlement payment rights relating to compensation for cogniti...

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2016

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 11. Structured Settlements (Refs & Annos)
Effective: October 1, 2016
MD Code, Courts and Judicial Proceedings, § 5-1104
§ 5-1104. Transfer of structured settlement payment rights relating to compensation for cognitive injuries
Transferee responsibilities
(a) If, in any proposed transfer of structured settlement payment rights, the structured settlement was established in resolution of a tort claim seeking compensation for cognitive injuries, including any claim arising from childhood exposure to lead paint, the transferee shall:
(1) Notify the court, in the petition filed under this subtitle, that the payee may be cognitively impaired;
(2) Attach to the petition a copy of any complaint that was pending when the structured settlement was established; and
(3) Identify any allegations or statements in the complaint that describe the nature, extent, or consequences of the payee's cognitive injuries.
Appointment of guardian ad litem; examination by mental health specialist
(b)(1) In determining whether to authorize a transfer of structured settlement payment rights involving a structured settlement established in resolution of a tort claim seeking compensation for cognitive injuries, including any claim arising from childhood exposure to lead paint, the court shall consider whether to appoint a guardian ad litem for the payee or to require the payee to be examined by an independent mental health specialist designated by the court.
(2) The transferee shall be responsible for the payment of any fees of a guardian ad litem or an independent mental health specialist appointed or designated by the court under this subsection, as set forth in a billing statement specifying to the tenth of an hour the amount of work performed and a reasonable hourly fee for the work.

Credits

Added by Acts 2016, c. 721, § 2, eff. Oct. 1, 2016; Acts 2016, c. 722, § 2, eff. Oct. 1, 2016.
MD Code, Courts and Judicial Proceedings, § 5-1104, MD CTS & JUD PRO § 5-1104
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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