RULE 10-201. PETITION FOR APPOINTMENT OF A GUARDIAN OF THE PERSON
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 10-201
RULE 10-201. PETITION FOR APPOINTMENT OF A GUARDIAN OF THE PERSON
(b) Form of Petition. The petition for a guardianship of the person of a minor shall be filed in substantially the form set forth in Rule 10-111. The petition for a guardianship of the person of an alleged disabled person shall be filed in substantially the form set forth in Rule 10-112. If an expedited hearing on a petition for guardianship of an alleged disabled person pursuant to Code, Estates and Trusts Article, § 13-705 (f) is requested, the request shall be made in accordance with section (f) of this Rule.
Committee note: Examples of circumstances that may require the hearing on a petition for guardianship of the person of an alleged disabled person to be heard on an expedited basis pursuant to Code, Estates and Trusts Article, § 13-705 (f) include threats to the physical or mental health of an alleged disabled person associated with delaying the appointment of a guardian to make a decision about the starting or stopping of treatment or discharge from a health care facility that, although not posing an imminent risk of harm, compromises the medical well-being of the alleged disabled person.
(1) Resident. If the minor or alleged disabled person is a resident of Maryland, the petition shall be filed in the county where (A) the minor or alleged disabled person resides or (B) the person has been admitted for the purpose of medical care or treatment to either a general or a special hospital which is not a State facility as defined in Code, Health-General Article, § 10-406 or a licensed private facility as defined in Code, Health-General Article, §§ 10-501 to 10-511.
(d) Attorney's Fees. If a petition for attorney's fees is filed by an interested person or an attorney employed by the interested person, the court may order reasonable and necessary attorney's fees incurred in bringing a petition for the appointment of a guardian of the person of a disabled person to be paid from the estate of the disabled person. The court shall consider the financial resources and needs of the disabled person and whether there was substantial justification for the filing of the petition for guardianship. The court may not award attorney's fees if the petition for guardianship is brought by (1) a government agency paying benefits to the disabled person, (2) a local department of Social Services, or (3) an agency eligible to serve as the guardian of the disabled person under Code, Estates and Trusts Article, § 13-707.
Cross reference: Code, Estates and Trusts Article, § 13-704.
[CAPTION] |
DESIGNATION OF A GUARDIAN OF THE PERSON BY A MINOR |
I, ______________________________, a minor child, having attained my 14th birthday, declare: |
1. I am aware of the Petition of |
(petitioner's name) |
to become the guardian of my person. |
2. I hereby designate ________________________________________ as the Guardian of my person. |
3. I understand that I have the right to revoke this designation at any time up to the granting of the guardianship. |
I solemnly affirm under the penalties of perjury that the contents of this document are true based upon my personal knowledge. |
Signature of Minor | Date |
(1) Contents. A request for an expedited hearing in connection with medical treatment pursuant to Code, Estates and Trust Article, § 13-705 (f) shall be verified and filed with the petition for guardianship of the person of an alleged disabled person. The request shall contain the following information:
Committee note: Examples of consent “through other means” include consent obtained or ascertained though a valid advance directive, consent by an individual pursuant to an applicable Power of Attorney that specifically authorizes health care decision-making, and consent by a surrogate authorized under Code, Health General Article, Title 5, Subtitle 6, Part I (Health Care Decisions Act).
Committee note: The procedure set forth in section (f) of this Rule is not a substitute for a petition for emergency services under Rule 10-210, nor is it intended to affect the court's discretion to schedule expedited hearings, generally. If the petition is also for the appointment of a guardian of the property, the court may hear and rule on that part of the petition on an expedited basis as well.
Cross reference: See Code, Estates and Trusts Article, §§ 13-702 and 13-705 (f), Rule 10-205 (b), and In re: Sonny E. Lee, 132 Md. App. 696 (2000).
Source: This Rule is derived as follows:
Section (a) is derived from former Rule R71 a.
Section (b) is new.
Section (c) is derived from former Rule R72 a and b.
Section (d) is new.
Section (e) is new.
Section (f) is new.
Credits
[Adopted June 5, 1996, eff. Jan. 1, 1997. Amended Nov. 21, 2013, eff. Jan. 1, 2014; Sept. 17, 2015, eff. Jan. 1, 2016; Dec. 4, 2018, eff. Jan. 1, 2019.]
MD Rules, Rule 10-201, MD R GUARD AND FIDUCIARIES Rule 10-201
Current with amendments received through June 1, 2023. Some sections may be more current, see credits for details.
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