RULE 10-203. SERVICE; NOTICE
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 10-203
RULE 10-203. SERVICE; NOTICE
(a) Service on Minor or Alleged Disabled Person. The petitioner shall serve a show cause order issued pursuant to Rule 10-104 on the minor or alleged disabled person and on the parent, guardian, or other person having care or custody of the minor or alleged disabled person. Service shall be in accordance with Rule 2-121(a). If the minor or alleged disabled person resides with the petitioner, service shall be made upon the minor or disabled person and on such other person as the court may direct. Service upon a minor under the age of ten years may be waived provided that the other service requirements of this section are met. The show cause order served on a disabled person shall be accompanied by an “Advice of Rights” in the form set forth in Rule 10-204.
AFFIDAVIT OF ATTEMPTS TO CONTACT, LOCATE, AND IDENTIFY
I, __________, am: (check one)
[ ] a party
[ ] a person interested in the above-captioned matter
[ ] an attorney.
I have reason to believe that the persons listed below are persons interested in the estate of __________. (Provide any information you have).
I have made a good faith effort to contact the persons listed above by the following means:
I solemnly affirm under the penalties of perjury that the contents of this document are true to the best of my knowledge, information, and belief.
In the Matter of
(Name of minor or allegeddisabled person)
NOTICE TO INTERESTED PERSONS
A petition has been filed seeking appointment of a guardian of the person of __________, who is alleged to be a minor or disabled person.
You are an “interested person,” that is, someone who should receive notice of this proceeding because you are related to or otherwise concerned with the welfare of this person.
If the court appoints a guardian for the person, that person will lose certain valuable rights to make individual decisions.
Please examine the attached papers carefully. If you object to the appointment of a guardian, please file a response in accordance with the attached show cause order. (Be sure to include the case number). If you wish otherwise to participate in this proceeding, notify the court and be prepared to attend any hearing.
Each certificate filed pursuant to Rule 10-202 that is attached to the petition will be admissible as substantive evidence without the presence or testimony of the certifying health care professional unless you file a request that the health care professional appear to testify. The request must be filed at least 10 days before the trial date, unless the trial date is less than 10 days from the date your response is due. If the trial date is less than 10 days from the date your response is due, the request may be filed at any time before trial.
If you believe you need further legal advice about this matter, you should consult your attorney.
Source: This Rule is in part derived from former Rule R74 and Code, Estates and Trusts Article, § 1-103(b) and is in part new.
[Adopted June 5, 1996, eff. Jan. 1, 1997. Amended eff. Oct. 5, 1999; Dec. 4, 2007, eff. Jan. 1, 2008; Sept. 17, 2015, eff. Jan. 1, 2016.]
The October 5, 1999, order, in section (c), added the option of evaluation of a disabled person by a licensed psychologist.
The December 4, 2007, order, rewrote the 5th paragraph of the form, which previously read:
‘‘A physician’s or psychologist’s certificate attached to the petition will be admissible as substantive evidence without the presence or testimony of the physician or psychologist unless you file a request that the physician or psychologist appear. The request must be filed at least 10 days before the trial date, except that, if the trial date is less than 10 days from the date your response is due, the request may be filed at any time before trial.’’
The September 17, 2015, order, added a form of affidavit of attempts to contact, locate , and identify interested persons, deleted the word “Circuit” from the caption of the Notice to Interested Persons, and made stylistic changes.
Maryland Rule of Procedure R74, revised eff. Feb. 2, 1970, amended April 6, 1984, eff. July 1, 1984, related to service of process and notice, rescinded June 5, 1996, eff. Jan. 1, 1997.
MD Rules, Rule 10-203, MD R GUARD AND FIDUCIARIES Rule 10-203
Current with amendments received through December 15, 2018
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