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RULE 10-205. HEARING

West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2023 to June 30, 2024

West's Annotated Code of Maryland
Maryland Rules
Title 10. Guardians and Other Fiduciaries
Chapter 200. Guardian of Person
Effective: July 1, 2023 to June 30, 2024
MD Rules, Rule 10-205
RULE 10-205. HEARING
<Text of Rule 10-205 effective until June 30, 2024. See, also, Rule 10-205 effective July 1, 2024.>
(a) Guardianship of the Person of a Minor. Before ruling on a petition for guardianship of the person of a minor, the court shall hold a hearing and give notice of the time and place of the hearing to all interested persons.
Cross reference: Code, Estates and Trusts Article, ยง 13-702 (a).
(b) Guardianship of Alleged Disabled Person. When the petition is for guardianship of the person of an alleged disabled person, the court shall set the matter for jury trial. The alleged disabled person or the attorney representing the person may waive a jury trial at any time before trial. If a jury trial is held, the jury shall return a verdict pursuant to Rule 2-522 (b)(2) as to any alleged disability. Each certificate filed pursuant to Rule 10-202 is admissible as substantive evidence without the presence or testimony of the certifying health care professional unless, not later than 10 days before trial, an interested person who is not an individual under a disability, or the attorney for the alleged disabled person, files a request that the health care professional appear to testify. If the trial date is less than 10 days from the date the response is due, a request that the health care professional appear may be filed at any time before trial. If the alleged disabled person asserts that, because of his or her disability, the alleged disabled person cannot attend a trial at the courthouse, the court may hold the trial at a place to which the alleged disabled person has reasonable access.
Cross reference: See Rules 21-201 and 21-202.
Source: This Rule is in part derived from former Rule R77 and is in part new.

Credits

[Adopted June 5, 1996, eff. Jan. 1, 1997. Amended Feb. 10, 1998, eff. July 1, 1998; Jan. 20, 1999, eff. July 1, 1999; Oct. 5, 1999; Nov. 1, 2001, eff. Jan. 1, 2002; Dec. 4, 2007, eff. Jan. 1, 2008; Nov. 21, 2013, eff. Jan. 1, 2014; Dec. 4, 2018, eff. Jan. 1, 2019; April 1, 2023, eff. July 1, 2023.]
MD Rules, Rule 10-205, MD R GUARD AND FIDUCIARIES Rule 10-205
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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