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RULE 10-103. DEFINITIONS

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 10. Guardians and Other Fiduciaries
Chapter 100. General Provisions
MD Rules, Rule 10-103
RULE 10-103. DEFINITIONS
In this Title the following definitions apply except as expressly otherwise provided or as necessary implication requires:
(a) Court. “Court” means the circuit court for any county and, where it has jurisdiction, the Orphans' Court.
Cross reference: See Code, Estates and Trusts Article, § 13-105 for the jurisdiction of the Orphans' Court over guardians of the person of a minor and protective proceedings for minors. See also 92 Op.Atty.Gen. 009 (March 20, 1992).
(b) Disabled Person.
(1) In connection with a guardianship of the person, “disabled person” means a person, other than a minor, who, because of mental disability, disease, habitual drunkenness, or addiction to drugs, has been adjudged by a court to lack sufficient understanding or capacity to make or communicate responsible decisions concerning himself or herself, such as provisions for health care, food, clothing, or shelter, and who, as a result of this inability, requires a guardian of the person.
(2) In connection with a guardianship of property, “disabled person” means a person, other than a minor, (A) who has been adjudged by a court to be unable to manage his or her property and affairs effectively because of physical or mental disability, disease, habitual drunkenness, addiction to drugs, imprisonment, compulsory hospitalization, detention by a foreign power, or disappearance, (B) who has or may be entitled to property or benefits that require proper management, and (C) who, as a result of this inability, requires a guardian of the property.
Cross reference: Code, Estates and Trusts Article, §§ 13-101, 13-705(b) and 13-201(c).
(c) Fiduciary. “Fiduciary” means (1) a guardian of the property of a minor or disabled person, (2) a guardian of the person of a minor or disabled person to the extent that the guardian exercises control over any property of the minor or disabled person, (3) a trustee acting under any inter vivos or testamentary trust over which the court has been asked to assume or has assumed jurisdiction, (4) a person administering an estate under appointment by a court as a “committee,” “conservator,” or the like, and (5) a personal representative of a decedent to the extent provided in Rule 10-711.
(d) Fiduciary Estate. “Fiduciary estate” means real or personal property administered by a fiduciary.
(e) Heir. “Heir” means a person who would be entitled under the law of this State to inherit property if, at the applicable time, the owner of the property had died intestate.
(f) Interested Person.
(1) In connection with a guardianship of the person or the authorization of emergency protective services, “interested person” means the minor or the disabled person; the guardian and heirs of that person; a governmental agency paying benefits to that person or a person or agency eligible to serve as guardian of the person under Code, Estates and Trusts Article, § 13-707; the Department of Veterans Affairs as directed by Code, Estates and Trusts Article, § 13-801; and any other person designated by the court.
(2) In connection with a guardianship of the property or other fiduciary proceedings, “interested person” means a person who would be an interested person under subsection (f)(1) of this Rule and a current income beneficiary of the fiduciary estate; a fiduciary and co-fiduciary of the fiduciary estate; and the creator of the fiduciary estate.
(3) If an interested person is a minor or disabled person, “interested person” includes a fiduciary appointed for that person, or, if none, the parent or other person who has assumed responsibility for the interested person.
Cross reference: Code, Estates and Trusts Article, § 13-101(j) and § 13-801.
(g) Minor. “Minor” means an individual who is under the age of eighteen, except that, in a proceeding under Code, Family Law Article, § 1-201(b)(10), “minor” includes an unmarried individual under the age of 21.
(h) Public Guardian. “Public guardian” means a guardian who is the director of a local department of social services, the State Department of Aging, or an area agency on aging.
(i) Temporary Guardian. “Temporary guardian” means (1) a person appointed under Rule 10-210 in a proceeding for emergency protective services, (2) a person who has been authorized to preserve and apply the property of a minor or alleged disabled person pending a hearing on a petition for guardianship, and (3) a guardian of the person or property appointed by the court pending the appointment of a substituted or successor guardian.
Cross reference: Code, Estates and Trusts Article, §§ 13-203 and 13-709(c)(4).
Source: This Rule is derived as follows:
Section (a) is derived from former Rule R70 a.
Section (b) is derived from former Rule R70 b, and Code, Estates and Trusts Article, §§ 13-201(c)(1) and 13-705(b).
Section (c) is derived in part from former Rule V70 b and is in part new.
Section (d) is new.
Section (e) is derived from former Rule R70 c.
Section (f)
Subsection (1) is derived in part from former Rule R70 d and in part from Code, Estates and Trusts Article, § 13-707.
Subsection (2) is derived from former Rule V70 c.
Section (g) is in part derived from former Rule R70 e and is in part new.
Section (h) is derived from Code, Estates and Trusts Article, § 13-707(a)(10).
Section (i) is derived in part from Code, Estates and Trusts Article, §§ 13-203 and 13-709 and is in part new.

Credits

[Adopted June 5, 1996, eff. Jan. 1, 1997. Amended eff. Oct. 5, 1999; Sept. 17, 2015, eff. Jan. 1, 2016; Oct. 10, 2017, eff. Jan. 1, 2018.]

Editors' Notes

HISTORICAL NOTES
1999 Orders
The October 5, 1999, order corrected the name of the state agency in section (h).
2015 Orders
The September 17, 2015, order, deleted the reference to Rule 10-703 from section (c) and added language providing for a certain exception in section (g).
Derivation:
Maryland Rule of Procedure R70, revised eff. Feb. 2, 1970, amended eff. July 1, 1974, related to definitions, rescinded June 5, 1996, eff. Jan. 1, 1997.
Maryland Rule of Procedure V70, revised eff. Feb. 2, 1970, amended eff. July 1, 1974, related to definitions, rescinded June 5, 1996, eff. Jan. 1, 1997.
2017 Orders
The October 10, 2017, order deleted the word “confinement” from subsection (b)(2).
MD Rules, Rule 10-103, MD R GUARD AND FIDUCIARIES Rule 10-103
Current with amendments received through February 1, 2019.
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