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RULE 10-111. PETITION FOR GUARDIANSHIP OF MINOR

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 100. General Provisions
Effective: January 1, 2020
MD Rules, Rule 10-111
RULE 10-111. PETITION FOR GUARDIANSHIP OF MINOR
A petition for guardianship of a minor shall be in substantially the following form:
[CAPTION]
In the Matter of
In the __________ Court for
 
 
(Name of minor)
(County)
 
(docket reference)
PETITION FOR GUARDIANSHIP OF MINOR
INSTRUCTIONS
(1) Use this form of petition when a guardianship of a minor is sought, even if the minor also is disabled.
(2) If the subject of the petition is not a minor, use the form petition set forth in Rule 10-112.
(3) If guardianship of more than one minor is sought, a separate petition must be filed for each minor, except that a petition may include a request for guardianship of two or more similarly situated full siblings. If guardianship of more than one sibling is sought, complete a separate Paragraph 1 for each sibling. In Paragraphs 2-13, if a response does not apply to all siblings, provide the requested information as to each sibling.
(4) If the petition is to be filed in the Circuit Court for Baltimore City, use “Baltimore City” as the name of the county.
[ ]
Guardianship of
Person
[ ]
Guardianship of
Property
[ ]
Guardianship of
Person and
Property
The petitioner, __________ (name), ___ (age) whose address is __________, and whose telephone number is __________, represents to the court that:
1. The minor __________, age ___, born on the ___ day of __________ (month), ___ (year), a [ ] male or [ ] female child of __________ and __________, resides at __________. A birth certificate of the minor is attached.
2. If the minor does not reside in the county in which this petition is filed, state the place in this county where the minor is currently located __________.
NOTE: For purposes of this Form, “county” includes Baltimore City.
3. The relationship of petitioner to the minor is __________.
4. The minor
[ ] is a beneficiary of the Veterans Administration and the guardian may expect to receive benefits from that Administration.
[ ] is not a beneficiary of the Veterans Administration.
5. Complete Section 5 if the petitioner is asking the court to appoint the petitioner as the guardian.
(Check only one of the following boxes)
[ ] I have not been convicted of a crime listed in Code, Estates and Trusts Article, § 11-114.
[ ] I was convicted of such a crime, namely
 
.
The conviction occurred in
___
(year), in the
__________
(Name of court), but the following good cause exists for me to be appointed as guardian:
 
.
6. Complete Section 6 if the petitioner is asking the court to appoint an individual other than the petitioner as the guardian.
6 a. Prospective Guardian of the Person (Complete Section 6 if seeking guardianship of the person.)
The name of the prospective guardian of the person is __________ and that individual's age is __________. The relationship of that individual to the minor is __________.
(Check only one of the following boxes)
[ ] __________ (Name of prospective guardian) has not been convicted of a crime listed in Code, Estates and Trusts Article, § 11-114.
[ ]
__________
(Name of prospective guardian) was convicted of such a crime, namely
__________
.
The conviction occurred in
___
(year) in the
__________
(Name of court), but the following good cause exists for the individual to be appointed as guardian:
 
.
6 b. Prospective Guardian of the Property (Complete Section 6 b if the prospective guardian of the property is different from the prospective guardian of the person or if guardianship of the person is not sought.)
The name of the prospective guardian of the property is __________ and that individual's age is __________. The relationship of that individual to the minor is __________.
(Check only one of the following boxes)
[ ] __________ (Name of prospective guardian) has not been convicted of a crime listed in Code, Estates and Trusts Article, § 11-114.
[ ]
__________
(Name of prospective guardian) was convicted of such a crime, namely
__________
.
The conviction occurred in
___
(year) in the
__________
(Name of court), but the following good cause exists for the individual to be appointed as guardian:
 
.
7. State the name and address of any additional person on whom service shall be made on behalf of the minor, including a minor who is at least ten years of age: __________.
8. The following is a list of the names, addresses, telephone numbers, and e-mail addresses, if known, of all interested persons (see Code, Estates and Trusts Article, § 13-101(k)).
List of Interested Persons
Name
Address
Telephone
Number
E-mail
Address
(if known)
Parents:
 
 
 
 
 
 
 
 
Siblings:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Any Other Heirs at Law:
 
 
 
 
Guardian (if appointed):
 
 
 
 
Any Person Holding a Power of Attorney of the Minor:
 
 
 
 
Minor's Attorney:
 
 
 
 
Any Other Person Who Has Assumed Responsibility for the Minor:
 
 
 
 
Any Government Agency Paying Benefits to or for the Minor:
 
 
 
 
Any Person Having an Interest in the Property of the Minor:
 
 
 
 
All Other Persons Exercising Control over the Minor or the Minor's Property:
 
 
 
 
A Person or Agency Eligible to Serve as Guardian of the Person of the Minor:
 
 
 
 
9. The names and addresses of the persons with whom the minor resided over the past five years, and the approximate dates of the minor's residence with each person are, as follows:
Names
Addresses
Approximate Dates
 
 
 
 
 
 
 
 
 
 
 
 
10. Guardianship is sought for the following reason(s):
 
 
 
11. If this Petition is for Guardianship of the Property, the following is the list of all the property in which the minor has any interest including an absolute interest, a joint interest, or an interest less than absolute (e.g. trust, life estate).
Property
Location
Value
Trustee, Custodian, Agent, etc.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
12. The petitioner's interest in the property of the minor listed in 11. is __________.
13. (a) All other proceedings regarding the minor (including any proceedings in juvenile court) are, as follows: __________.
(b) All proceedings regarding the petitioner and prospective guardian filed in this court or any other court are, as follows: __________.
14. All exhibits required by the Instructions below are attached.
WHEREFORE, Petitioner requests that this court issue an order to direct all interested persons to show cause why a guardian of the [ ] person [ ] property [ ] person and property of the minor should not be appointed, and (if applicable) __________ (Name of prospective guardian) should not be appointed as the guardian.
 
Attorney's Signature
 
If There is No Attorney:
Attorney's Name
 
 
Attorney's Address
Petitioner's Address
 
 
Attorney's Telephone Number
Petitioner's Telephone Number
 
 
Attorney's E-mail Address
Petitioner's E-mail Address
Petitioner solemnly affirms under the penalties of perjury that the contents of this document are true to the best of Petitioner's knowledge, information, and belief.
 
 
Petitioner's Name
 
 
Petitioner's Signature
ADDITIONAL INSTRUCTIONS
1. The required exhibits are as follows:
(a) A copy of any instrument nominating a guardian [Code, Estates and Trusts Article, § 13-701 and Maryland Rule 10-301 (d)];
(b) If the petition is for the appointment of a guardian for a minor who is a beneficiary of the Department of Veterans Affairs, a certificate of the Administrator or the Administrator's authorized representative, setting forth the age of the minor as shown by the records of the Veterans Administration, and the fact that appointment of a guardian is a condition precedent to the payment of any moneys due the minor from the Veterans Administration shall be prima facie evidence of the necessity for the appointment [Code, Estates and Trusts Article, § 13-802 and Maryland Rule 10-301 (d)].
2. Attached additional sheets to answer all the information requested in this petition, if necessary.
Source: This Rule is new.

Credits

[Adopted Sept. 17, 2015, eff. Jan. 1, 2016; Oct. 10, 2017, eff. Jan. 1, 2018; Nov. 19, 2019, eff. Jan. 1, 2020.]

Editors' Notes

HISTORICAL NOTES
2017 Orders
The October 10, 2017, order changed the word “jurisdiction” to the word “county” in section2, added a “NOTE” pertaining to the use of the word “county,” added language and boxes to check pertaining to a minor who may be a beneficiary of the Veterans Administration, divided Section 6 into two subsections, added language to Section 6 pertaining to a request for certain information about a conviction of a crime, changed the word “an” to the word “any” in Section 7, added, in Section 8, the words “and e-mail addresses, if known” and by updating a cross reference, deleted the requirement at the end of the form that a facsimile number be provided, and made stylistic changes.
2019 Orders
The November 19, 2019 order replaced the Note at the top of the form petition with Instructions to clarify which form petition is to be used if a guardianship of a minor is sought and that, with a certain exception, a separate petition must be filed for each minor as to whom a guardianship is sought; made stylistic changes to the form petition; and added the word “ADDITIONAL” to the heading of the Instructions at the bottom of the form.
MD Rules, Rule 10-111, MD R GUARD AND FIDUCIARIES Rule 10-111
Current with amendments received through July 15, 2020.
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