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RULE 10-405. ORDER

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 10. Guardians and Other Fiduciaries
Chapter 400. Standby Guardian
MD Rules, Rule 10-405
RULE 10-405. ORDER
(a) Judicial Appointment of Standby Guardian. After the filing of a petition for judicial appointment of a standby guardian pursuant to Code, Estates and Trusts Article, § 13-903 (a), the court shall enter an order appointing the person as a standby guardian if the court finds that the requirements of these Rules and Code, Estates and Trusts Article, § 13-903 (d) have been met.
(b) Judicial Appointment of Standby Guardian After Parental Designation. After the filing of a petition for judicial appointment of a standby guardian who was previously designated as standby guardian or alternate standby guardian by a parent pursuant to Code, Estates and Trusts Article, § 13-904 (a), the court shall enter an order appointing the person as a standby guardian if the court finds that the requirements of these Rules and Code, Estates and Trusts Article, § 13-904 (g) have been met.
(c) Order Appointing a Standby Guardian.
(1) An order appointing a standby guardian shall state whether the standby guardianship is of the minor's person, property, or both, whether the guardian shall have the authority to apply for, receive, and use public benefits and child support payable on behalf of the minor, and any other duties and powers of the standby guardian, and may require that, within 120 days or such other time that the court directs, the guardian complete a training program in conformance with the applicable Guidelines for Court-Appointed Guardians of the Person or of the Property attached as an Appendix to the Rules in this Title; and
(2) When the order is entered pursuant to section (a) of this Rule, the order shall also
(A) Specify whether the authority of the standby guardian is effective on the receipt of a determination of the petitioner's incapacity pursuant to Code, Estates and Trusts Article, § 13-906, on the receipt of the certificate of the petitioner's death, or on whichever occurs first; and
(B) Provide that the authority of the standby guardian may become effective earlier on written consent of the petitioner in accordance with Code, Estates and Trusts Article, § 13-903 (e)(3).
(d) Duty to File Documentation. A copy of the appropriate document referred to in subsection (c)(2) of this Rule shall be filed by the standby guardian with the court within 90 days after the standby guardian receives the document.
Cross reference: See Code, Estates and Trusts Article, § 13-906 concerning a written determination of incapacity.
(e) Revocation of Standby Guardian's Authority. The court may revoke the standby guardian's authority for failure to file any of the required documentation.
Source: This Rule is new.

Credits

[Adopted Feb. 10, 1998, eff. July 1, 1998. Amended Dec. 4, 2018, eff. Jan. 1, 2019.]
MD Rules, Rule 10-405, MD R GUARD AND FIDUCIARIES Rule 10-405
Current with amendments received through November 15, 2020.
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