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§ 13-214. Distribution or disbursement of property without court authorization

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2021

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 13. Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults (Refs & Annos)
Subtitle 2. Protection of Property (Refs & Annos)
Effective: October 1, 2021
MD Code, Estates and Trusts, § 13-214
§ 13-214. Distribution or disbursement of property without court authorization
Currentness
Definitions
(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.
In general
(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.
Clothing, support, care, protection, welfare, and education of minor or disabled person
(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.
Funding special needs trust, pooled asset special needs trust account, or ABLE account
(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.
Distribution of estate to former minor or to individual no longer disabled
(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.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1999, c. 662, § 1, eff. Oct. 1, 1999; Acts 2000, c. 61, § 1, eff. April 25, 2000; Acts 2010, c. 256, § 1, eff. Oct. 1, 2010; Acts 2010, c. 257, § 1, eff. Oct. 1, 2010; Acts 2010, c. 544, § 1, eff. Oct. 1, 2010; Acts 2010, c. 545, § 1, eff. Oct. 1, 2010; Acts 2016, c. 438, § 1, eff. Oct. 1, 2016; Acts 2016, c. 439, § 1, eff. Oct. 1, 2016; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019; Acts 2021, c. 511, § 1, eff. Oct. 1, 2021.
Formerly Art. 93A, § 214.
MD Code, Estates and Trusts, § 13-214, MD EST & TRST § 13-214
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.
End of Document