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RULE 10-209. TERMINATION OF A GUARDIANSHIP OF THE PERSON

West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2020

West's Annotated Code of Maryland
Maryland Rules
Title 10. Guardians and Other Fiduciaries
Chapter 200. Guardian of Person
Effective: January 1, 2020
MD Rules, Rule 10-209
RULE 10-209. TERMINATION OF A GUARDIANSHIP OF THE PERSON
(a) Applicability. When a guardian of the person has exercised no control over any property of the person or if the guardian of the person is a public guardian, the termination of the guardianship shall be according to this Rule.
Committee note: If a guardian of the person, other than a public guardian, has exercised control over any property of the minor or disabled person, termination of the guardianship shall be in accordance with Rule 10-710.
(b) Termination Not Requiring Prior Notice.
(1) Petition; Grounds. Upon a petition filed in conformity with this section, the court shall terminate a guardianship of the person without prior notice upon a finding that either (A) a minor not otherwise disabled has attained the age of majority or (B) the minor or disabled person has died, and that (C) the guardian has exercised no control over any property of the disabled person. The petition may be filed by a minor not otherwise disabled or by the guardian of a minor or disabled person. It shall contain or be accompanied by the guardian's verified statement that the guardian has exercised no control over any property of the minor or disabled person, and shall also be accompanied by either a copy of the minor person's birth certificate or other satisfactory proof of age or a copy of the minor or disabled person's death certificate.
(2) Time for Filing. A minor who is not disabled may file a petition at any time after attaining the age of majority. A guardian shall file a petition within 45 days after discovery that grounds for termination exist.
(3) Venue. The petition shall be filed in the court that appointed the guardian or that has assumed jurisdiction over the fiduciary estate.
(4) Copy of Order. The court shall send a copy of the order terminating the guardianship to the guardian, the person whose minority has ended, and any other person whom the court designates.
(c) Termination Requiring Notice.
(1) Cause for Termination. A guardianship of the person may be terminated upon the filing of a petition in accordance with this section if the court, after notice and hearing, finds that any of the following grounds exist:
(A) the cessation of the disability;
(B) the emancipation of a minor who has not attained the age of majority; or
(C) any other good cause for termination.
(2) Time for Filing--Who May File. Within 45 days after the guardian discovers that grounds for termination may exist, the guardian shall file a petition requesting the court to terminate the guardianship. At any time after discovery of the grounds for termination the minor or disabled person or any other interested person may file a petition requesting the court to terminate the guardianship.
(3) Venue. The petition shall be filed in the court that appointed the guardian or that has assumed jurisdiction over the fiduciary estate.
(4) Contents. The petition shall be signed and verified by the petitioner and shall contain the following information:
(A) the petitioner's relationship to the minor or disabled person;
(B) the name and address of each interested person;
(C) a statement of facts establishing the grounds for termination; and
(D) a statement that the guardian has exercised no control over any property of the minor or disabled person.
(5) Documentation.
(A) Medical Certificate. If the cause for the termination of the guardianship is the cessation of the disability, the petitioner shall file with the petition a certificate, signed by a physician who has examined the person within 21 days of the filing of the petition, attesting to the cessation of the disability.
(B) Marriage Certificate. If the cause for the termination of the guardianship is emancipation because of the marriage of the minor person, the petitioner shall file with the petition a copy of the marriage certificate.
(6) Notice. The petitioner shall give notice by mailing by ordinary mail to those persons designated by the court a copy of the petition and the show cause order issued pursuant to Rule 10-104.
(7) Proceedings and Order. After the time for filing a response has expired, the court may, and upon request shall, hold a hearing and shall issue an order granting or denying the termination of the guardianship and the release of the guardian.
Source: This Rule is in part derived from former Rule V78 and is in part new.

Credits

[Adopted June 5, 1996, eff. Jan. 1, 1997. Amended Nov. 19, 2019, eff. Jan. 1, 2020.]
MD Rules, Rule 10-209, MD R GUARD AND FIDUCIARIES Rule 10-209
Current with amendments received through November 15, 2020.
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