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RULE 10-304. HEARING

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 10. Guardians and Other Fiduciaries
Chapter 300. Guardian of Property
MD Rules, Rule 10-304
RULE 10-304. HEARING
(a) Hearing Required. Before ruling on a petition for guardianship of the property, the court shall hold a hearing and give notice of the time and place of the hearing to all interested persons. Upon motion by an alleged disabled person asserting that, because of his or her disability, the alleged disabled person cannot attend a hearing at the courthouse, the court may hold the hearing at a place to which the alleged disabled person has reasonable access.
Cross reference: See Code, Estates and Trusts Article, § 13-211 and Rule 2-806.
(b) Request for Attendance of Health Care Professional. When the petition is for guardianship of the property of a disabled person, each certificate filed pursuant to Rule 10-202 is admissible as substantive evidence without the presence or testimony of the health care professional unless, not later than 10 days before trial, an interested person who is not an individual under a disability, or the attorney for the disabled person, files a request that the health care professional appear to testify. If the trial date is less than 10 days from the date the response is due, a request that the health care professional appear may be filed at any time before trial.
Source: This Rule is in part derived from former Rule R77 and is in part new.

Credits

[Adopted June 5, 1996, eff. Jan. 1, 1997. Amended eff. Oct. 5, 1999; Dec. 4, 2007, eff. Jan. 1, 2008; Dec. 4, 2018, eff. Jan. 1, 2019.]

Editors' Notes

HISTORICAL NOTES
1999 Orders
The October 5, 1999, order, in section (c), added the option of evaluation of a disabled person by a licensed psychologist.
2007 Orders
The December 4, 2007, order, rewrote section (c), which previously read:
‘‘(c) Request for Attendance of Physician or Psychologist. When the petition is for guardianship of the property of a disabled person, a physician's or psychologist's certificate that complies with Rule 10-202 is admissible as substantive evidence without the presence or testimony of the physician or psychologist unless, not later than 10 days before trial, an interested person who is not an individual under a disability, or the attorney for the disabled person, files a request that the physician or psychologist appear. If the trial date is less than 10 days from the date the response is due, a request that the physician or psychologist appear may be filed at any time before trial.’’
Derivation:
Maryland Rule of Procedure R77, revised eff. Feb. 2, 1970, amended eff. July 1, 1974; amended April 6, 1984, eff. July 1, 1984, related to proceedings, rescinded June 5, 1996, eff. Jan. 1, 1997.
2018 Orders
The December 4, 2018 order required a hearing on a petition for guardianship of the property, and added a cross reference following section (a).
MD Rules, Rule 10-304, MD R GUARD AND FIDUCIARIES Rule 10-304
Current with amendments received through February 1, 2019.
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