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§ 13-203. Powers exercised by court

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2019

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 13. Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults (Refs & Annos)
Subtitle 2. Protection of Property (Refs & Annos)
Effective: October 1, 2019
MD Code, Estates and Trusts, § 13-203
§ 13-203. Powers exercised by court
Powers of court pending appointment of guardian
(a)(1) While a petition for appointment of a guardian or other protective order is pending, the court may preserve and apply the property of the alleged disabled person or minor as may be required.
(2) The court need not give notice to other persons.
Restrictions on court exercise of powers
(b)(1) The court may not exercise the power conferred by subsection (a) of this section unless it appears from specific facts shown by affidavit that immediate, substantial, and irreparable injury will result to the applicant or to the minor or disabled person before an adversary hearing can be held.
(2) The court may communicate informally with the minor or disabled person before taking action.
(3) Any order shall be served immediately on the minor or disabled person.
Powers of court after appointment of guardian
(c)(1) Except for the limitations contained in § 13-106 of this title, after appointment of the guardian, the court has all the powers over the property of the minor or disabled person that the person could exercise if not disabled or a minor.
(2) The powers that a circuit court has under paragraph (1) of this subsection include the power to authorize or direct the guardian to:
(i) Make gifts from the principal and income of the estate; and
(ii) Disclaim on behalf of the minor or disabled person, in whole or in part, the right of succession or transfer to that person of any property or interest in any property.
(3) The powers that a circuit court has under paragraph (2) of this subsection are in addition to and may not limit the power:
(i) Conferred upon the guardian to make distributions under § 13-214 of this subtitle; and
(ii) Conferred upon the guardian or the circuit court, without appointing a guardian, to disclaim or authorize or direct a disclaimer on behalf of a minor or disabled person under § 9-201(c) of this article.
Questions concerning estate or its administration
(d) A guardian or any other interested person may invoke the jurisdiction of the court at any time to resolve questions concerning the estate or its administration.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1999, c. 662, § 1, eff. Oct. 1, 1999; Acts 2010, c. 256, § 1, eff. Oct. 1, 2010; Acts 2010, c. 257, § 1, eff. Oct. 1, 2010; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
Formerly Art. 93A, § 203.
MD Code, Estates and Trusts, § 13-203, MD EST & TRST § 13-203
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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