§ 13-708. Rights, duties, and powers of guardian
West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2019
Effective: October 1, 2019
MD Code, Estates and Trusts, § 13-708
§ 13-708. Rights, duties, and powers of guardian
(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.
(b) Subject to subsection (a) of this section, the rights, duties, and powers that the court may order include, but are not limited to:
(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;
(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
(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 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
(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.
(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:
Credits
Added by Acts 1977, c. 768, § 5, eff. July 1, 1977. Amended by Acts 1990, c. 709; Acts 1991, c. 458; Acts 1992, c. 74, § 2; Acts 1993, c. 372, § 2; Acts 1996, c. 450, § 1, eff. Oct. 1, 1996; Acts 2001, c. 189, § 1, eff. Oct. 1, 2001; Acts 2010, c. 256, § 1, eff. Oct. 1, 2010; Acts 2010, c. 257, § 1, eff. Oct. 1, 2010; Acts 2014, c. 207, § 1, eff. Oct. 1, 2014; Acts 2015, c. 412, § 1, eff. Oct. 1, 2015; Acts 2018, c. 287, § 1, eff. Oct. 1, 2018; Acts 2018, c. 760, § 1, eff. Oct. 1, 2018; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
MD Code, Estates and Trusts, § 13-708, MD EST & TRST § 13-708
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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