RULE 10-103. DEFINITIONS
West's Annotated Code of MarylandMaryland Rules
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:
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).
(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.
(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.
Cross reference: Code, Estates and Trusts Article, § 13-101(j) and § 13-801.
(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.]
MD Rules, Rule 10-103, MD R GUARD AND FIDUCIARIES Rule 10-103
Current with amendments received through February 1, 2023. Some sections may be more current, see credits for details.
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