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RULE 10-202. CERTIFICATES AND CONSENTS

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 10. Guardians and Other Fiduciaries
Chapter 200. Guardian of Person
MD Rules, Rule 10-202
RULE 10-202. CERTIFICATES AND CONSENTS
(a) Certificates.
(1) Generally Required. If guardianship of the person of a disabled person is sought, the petitioner shall file with the petition signed and verified certificates of (A) two physicians licensed to practice medicine in the United States who have examined the disabled person, or (B) one licensed physician who has examined the disabled person and one licensed psychologist or licensed certified social worker-clinical who has seen and evaluated the disabled person. An examination or evaluation by at least one of the health care professionals shall have been within 21 days before the filing of the petition.
(2) Form. Each certificate required by subsection (a)(1) of this Rule shall be substantially in the form approved by the State Court Administrator, posted on the Judiciary website, and available in the offices of the clerks of the circuit courts.
(3) Absence of Certificates.
(A) Refusal to Permit Examination. If the petition is not accompanied by the required certificate and the petition alleges that the disabled person is residing with or under the control of a person who has refused to permit examination by a physician or evaluation by a psychologist or licensed certified social worker-clinical, and that the disabled person may be at risk unless a guardian is appointed, the court shall defer issuance of a show cause order. The court shall instead issue an order requiring that the person who has refused to permit the disabled person to be examined or evaluated appear personally on a date specified in the order and show cause why the disabled person should not be examined or evaluated. The order shall be personally served on that person and on the disabled person.
(B) Appointment of Health Care Professionals by Court. If the court finds after a hearing that examinations are necessary, it shall appoint two physicians or one physician and one psychologist or licensed certified social worker-clinical to conduct the examinations or the examination and evaluation and file their reports with the court. If both health care professionals find the person to be disabled, the court shall issue a show cause order requiring the alleged disabled person to answer the petition for guardianship and shall require the petitioner to give notice pursuant to Rule 10-203. Otherwise, the petition shall be dismissed.
Cross reference: See Code, Estates and Trusts Article, § 13-801.
(b) Consent to Guardianship of a Minor.
(1) Generally. If guardianship of the person of a minor child is sought, consent of each parent shall be obtained if possible. If a parent's consent cannot be obtained because the parent cannot be contacted, located, or identified, the petitioner shall file an affidavit of attempts to contact, locate, or identify substantially in the form set forth in Rule 10-203. If the failure to obtain consent is for some other reason, an affidavit shall be filed which states why the parent's consent could not be obtained.
Cross reference: For a hearing when a parent objects to a guardianship, see Rule 10-205. For procedures for a child in need of assistance, see Code, Courts Article, § 3-801 et seq.
(2) Form of Parent's Consent to Guardianship. The parent's consent to guardianship of a minor shall be filed with the court substantially in the following form:
[CAPTION]
PARENT'S CONSENT TO GUARDIANSHIP OF A MINOR
I,
 
,
 
(name of parent)
(relationship)
of
 
,
a minor, declare that:
(minor's name)
1. I am aware of the Petition of
 
(petitioner's name)
to become guardian of
 
.
(minor's name)
2. I understand that the reason the guardianship is needed
is
 
 
and if the need for the guardianship is expected to end before the child reaches the age of majority
 
 
.
(state time frame or date it is expected to end)
3 I believe that it is in the best interest of
 
 
that the Petition for
(minor's name)
Guardianship be granted.
4. I understand that I have the right to revoke my consent
at any time.
I solemnly affirm under the penalties of perjury that the contents of this document are true based on my personal knowledge.
 
Signature of Parent
Date
 
 
Address
 
Telephone Number
Cross reference: See Code, Estates and Trusts Article, § 13-705. Rule 1-341.
Source: This Rule is in part derived from former Rule R73 b 1 and b 2 and is in part new.

Credits

[Adopted June 5, 1996, eff. Jan. 1, 1997. Amended Feb. 10, 1998, eff. July 1, 1998; Oct. 5, 1999, eff. Oct. 5, 1999; Nov. 12, 2003, eff. Jan. 1, 2004; Dec. 4, 2007, eff. Jan. 1, 2008; Sept. 17, 2015, eff. Jan. 1, 2016; Oct. 10. 2017, eff. Jan. 1, 2018; Dec. 4, 2018, eff. Jan. 1, 2019.]

Editors' Notes

HISTORICAL NOTES
1999 Orders
The October 5, 1999, order, throughout the rule, added the option of evaluation of a disabled person by a licensed psychologist.
2003 Orders
The November 12, 2003, order, in subsec. (a)(2), substituted “a certificate of the Administrator of that Department or an authorized representative of the Administrator stating” for “a certificate of the Administrator of the Department of Veterans Affairs or a duly authorized representative setting forth the fact”.
2007 Orders
The December 4, 2007, order, rewrote this Rule which previously read:
‘‘Rule 10-202. CERTIFICATES--REQUIREMENT AND CONTENT
‘‘(a) To be Attached to Petition.
‘‘(1) Generally. If guardianship of the person of a disabled person is sought, the petitioner shall file with the petition signed and verified certificates of (A) two physicians licensed to practice medicine in the United States who have examined the disabled person, or (B) one licensed physician who has examined the disabled person and one licensed psychologist who has seen and evaluated the disabled person. An examination or evaluation by at least one of the health care professionals under this subsection shall occur within 21 days before the filing of a petition for guardianship of a disabled person. Each certificate shall state the name, address, and qualifications of the physician or psychologist, a brief history of the physician's or psychologist's involvement with the disabled person, the date of the physician's last examination of the disabled person or the psychologist's last evaluation of the disabled person, and the physician's or psychologist's opinion as to: (1) the cause, nature, extent, and probable duration of the disability, (2) whether the person requires institutional care, and (3) whether the person has sufficient mental capacity to understand the nature of and consent to the appointment of a guardian.
‘‘(2) Beneficiary of the Department of Veterans Affairs. If guardianship of the person of a disabled person who is a beneficiary of the United States Department of Veterans Affairs is being sought, the petitioner shall file with the petition, in lieu of the two certificates required by subsection (1) of this section, a certificate of the Administrator of that Department or an authorized representative of the Administrator stating that the person has been rated as disabled by the Department in accordance with the laws and regulations governing the Department of Veterans Affairs. The certificate shall be prima facie evidence of the necessity for the appointment.
‘‘Cross reference: Code, Estates and Trusts Article, § 13-705.
‘‘(b) Delayed Filing of Certificates.
‘‘(1) After Refusal to Permit Examination. If the petition is not accompanied by the required certificate and the petition alleges that the disabled person is residing with or under the control of a person who has refused to permit examination by a physician or evaluation by a psychologist, and that the disabled person may be at risk unless a guardian is appointed, the court shall defer issuance of a show cause order. The court shall instead issue an order requiring that the person who has refused to permit the disabled person to be examined or evaluated appear personally on a date specified in the order and show cause why the disabled person should not be examined or evaluated. The order shall be personally served on that person and on the disabled person.
‘‘(2) Appointment of Health Care Professionals by Court. If the court finds after a hearing that examinations are necessary, it shall appoint two physicians or one physician and one psychologist to conduct the examinations or the examination and evaluation and file their reports with the court. If both health care professionals find the person to be disabled, the court shall issue a show cause order requiring the alleged disabled person to answer the petition for guardianship and shall require the petitioner to give notice pursuant to Rule 10-203. Otherwise, the petition shall be dismissed.
‘‘Cross reference: Rule 1-341.
‘‘Source: This Rule is in part derived from former Rule R73 b 1 and b 2 and is in part new.’’
2015 Orders
The September 17, 2015 order, added a new section pertaining to parental consents, added a form for parental consent, and made stylistic changes.
Derivation:
Maryland Rule of Procedure R73, revised eff. Feb. 2, 1970, amended eff. July 1, 1974; amended eff. July 3, 1980, related to petitions, rescinded June 5, 1996, eff. Jan. 1, 1997.
2017 Orders
The October 10, 2017, order updated references from “certified clinical social” to “licensed certified social worker-clinical,” deleted language pertaining to the contents of certain certificates, added a requirement that each certificate be substantially in the form approved by the State Court Administrator, and added certain requirement pertaining to posting and availability of forms.
2018 Orders
The December 4, 2018 order deleted subsection (a)(4) and a reference to it, and added a cross reference to Code, Estates and Trusts Article, § 13-801.
MD Rules, Rule 10-202, MD R GUARD AND FIDUCIARIES Rule 10-202
Current with amendments received through February 1, 2019.
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