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§ 13-220. Termination of guardianship

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, § 13-220
§ 13-220. Termination of guardianship
In general
(a) The appointment of a guardian terminates when the guardianship terminates under § 13-221 of this subtitle and may be terminated sooner by the guardian's death, disability, resignation, or removal.
Effects
(b) Termination of appointment of a guardian has the effects provided in this section.
Results and limitations of termination
(c)(1)(i) Termination ends the right and power pertaining to the office of guardian.
(ii) Unless otherwise ordered by the court, a guardian whose appointment has been terminated shall perform acts necessary to protect the estate and deliver the property to the successor guardian.
(2) Subject to the provisions of the Maryland Rules, termination does not discharge a guardian from liability for transactions or omissions occurring before termination, or relieve the guardian of the duty to preserve, account for, and deliver to a successor property subject to the guardian's control.
(3) All lawful acts of a guardian before the termination of appointment shall remain valid and effective.
Death or legal disability of guardian
(d)(1) The death of a guardian or the decree of a court of competent jurisdiction that a guardian is under legal disability shall terminate the guardian's appointment.
(2) The personal representative of a deceased guardian or the person appointed to protect the estate of a guardian under legal disability shall:
(i) Have the duty to protect property belonging to the estate being administered by the deceased or disabled guardian;
(ii) Have the power to perform acts necessary for the protection of property;
(iii) Immediately account for and deliver the property to a successor guardian; and
(iv) Apply immediately to the court for the appointment of a successor guardian to carry on the administration of the estate which was being administered by the deceased or disabled guardian in accordance with the Maryland Rules.
Resignation of guardian
(e) A guardian who desires to resign the guardian's office may do so in accordance with the provisions of the same Maryland Rules by which a fiduciary may resign the fiduciary's office.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by 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, § 220.
MD Code, Estates and Trusts, § 13-220, MD EST & TRST § 13-220
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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