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§ 13.5-205. Unjustifiable conduct relating to guardianship or protective order

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2010

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 13.5. Maryland Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (Refs & Annos)
Subtitle 2. Jurisdiction (Refs & Annos)
Effective: October 1, 2010
MD Code, Estates and Trusts, § 13.5-205
§ 13.5-205. Unjustifiable conduct relating to guardianship or protective order
Currentness
Power of courts to decline or exercise jurisdiction
(a) If at any time a court of this State determines that the court acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(1) Decline to exercise jurisdiction;
(2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the property of the respondent or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or protective order is filed in a court of another state having jurisdiction; or
(3) Continue to exercise jurisdiction after considering:
(i) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the jurisdiction of the court;
(ii) Whether the court is a more appropriate forum than the court of any other state under the factors set forth in § 13.5-204(c) of this subtitle; and
(iii) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of § 13.5-201 of this subtitle.
Expenses, attorney’s fees, and other costs
(b)(1) If a court of this State determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke the jurisdiction of the court engaged in unjustifiable conduct, the court may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses.
(2) The court may not assess fees, costs, or expenses of any kind against this State or a governmental subdivision, agency, or instrumentality of this State unless authorized by law other than this title.

Credits

Added by Acts 2010, c. 256, § 1, eff. Oct. 1, 2010; Acts 2010, c. 257, § 1, eff. Oct. 1, 2010.
MD Code, Estates and Trusts, § 13.5-205, MD EST & TRST § 13.5-205
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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