§ 13-707. Eligibility and priority of persons entitled to appointment as guardian
West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2019
Effective: October 1, 2019
MD Code, Estates and Trusts, § 13-707
§ 13-707. Eligibility and priority of persons entitled to appointment as guardian
(a) Persons are entitled to appointment as guardian of the person according to the following priorities:
(1) A person, agency, or corporation nominated by the disabled person if the disabled person was 16 years old or older when the disabled person signed the designation and, in the opinion of the court, the disabled person had sufficient mental capacity to make an intelligent choice at the time the disabled person executed the designation;
(10)(i) For adults less than 65 years old, the director of the local department of social services or, for adults 65 years old or older, the Secretary of Aging or the director of the area agency on aging, except in those cases where the department of social services has been appointed guardian of the person before age 65; and
(ii) On appointment as guardian under item (i) of this item, directors of local departments of social services, directors of area agencies on aging, and the Secretary of Aging may delegate responsibilities of guardianship to staff persons whose names and positions have been registered with the court.
(b)(1) A person specified in a priority in subsection (a)(2), (3), (5), or (6) of this section may waive and nominate in writing a person, agency, or corporation to serve in the person's stead.
(c)(1)(i) Among persons with equal priority the court shall select the one best qualified of those willing to serve.
(d)(1) Subject to paragraph (2) of this subsection, nonresidence does not disqualify any person from serving as guardian of the person.
(2) A nonresident who is appointed may not qualify until the nonresident files with the register or clerk an irrevocable designation by the nonresident of an appropriate person who resides in the State on whom service of process may be made in the same manner and with the same effect as if it were served personally in the State on the nonresident.
Appointment of local department of social services, local office on aging, or the Secretary of Aging
(e) A local department of social services, local office on aging, or the Secretary of Aging, may be appointed as a guardian of a person regardless of whether that person resides in a State or private residential facility.
Credits
Added by Acts 1977, c. 768, § 5, eff. July 1, 1977. Amended by Acts 1979, c. 291; Acts 1993, c. 372, § 2; Acts 1994, c. 62, § 1, eff. Oct. 1, 1994; Acts 1997, c. 9, § 1, eff. Oct. 1, 1997; Acts 2000, c. 25, § 1, eff. Oct. 1, 2000; Acts 2000, c. 61, § 1, eff. April 25, 2000; 2010, c. 256, § 1, eff. Oct. 1, 2010; Acts 2010, c. 257, § 1, eff. Oct. 1, 2010; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
MD Code, Estates and Trusts, § 13-707, MD EST & TRST § 13-707
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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