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§ 13-207. Priority of persons eligible for guardianship of minor or disabled person

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, § 13-207
§ 13-207. Priority of persons eligible for guardianship of minor or disabled person
In general
(a) Persons are entitled to appointment as guardian for a minor or disabled person according to the following priorities:
(1) A conservator, committee, guardian of property, or other like fiduciary appointed by any appropriate court of any foreign jurisdiction in which the minor or disabled person resides;
(2) A person or corporation nominated by the minor or disabled person if:
(i) The designation was signed by the minor or disabled person when the minor or disabled person was at least 16 years old; and
(ii) In the opinion of the court, the minor or disabled person had sufficient mental capacity to make an intelligent choice at the time the designation was executed;
(3) The minor or disabled person's spouse;
(4) The minor or disabled person's parents;
(5) A person or corporation nominated by the will of a deceased parent;
(6) The minor or disabled person's children;
(7) The persons who would be the minor or disabled person's heirs if the minor or disabled person were dead;
(8) A person or corporation nominated by a person, institution, organization, or public agency that is caring for the minor or disabled person;
(9) A person or corporation nominated by a governmental agency that is paying benefits to the minor or disabled person; and
(10) Any other person considered appropriate by the court.
Waiver and nomination of substitute
(b)(1) A person specified in a priority in subsection (a)(1), (3), (4), (6) or (7) of this section may waive and nominate in writing a person or corporation to serve in the specified person's stead.
(2) A nominee of a person holding a priority has the same priority as the person making the nomination.
Persons with equal priority
(c)(1) Among persons with equal priority, the court shall select the one best qualified of those willing to serve.
(2) For good cause the court may pass over a person with priority and appoint a person with less priority or no priority.
Nonresidents not disqualified from serving as guardian
(d)(1) Subject to paragraph (2) of this subsection, nonresidence does not disqualify any person from serving as guardian.
(2) Any nonresident who is appointed cannot qualify until the nonresident files with the register or clerk an irrevocable designation by the nonresident of an appropriate person who resides in the State on whom service of process may be made in the same manner and with the effect as if it were served personally in the State on the nonresident.
Officials or employees disqualified as guardian
(e) The court may not name an official or employee of a local department of social services, the State Department of Human Services, a local area agency on aging as defined in § 10-101 of the Human Services Article, or the Department of Aging as guardian of the estate.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1977, c. 768, § 1; Acts 1992, c. 9; Acts 2007, c. 8, § 1, eff. Oct. 1, 2007; Acts 2010, c. 72, § 1, eff. April 13, 2010; Acts 2010, c. 256, § 1, eff. Oct. 1, 2010; Acts 2010, c. 257, § 1, eff. Oct. 1, 2010; Acts 2017, c. 62, § 6; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
Formerly Art. 93A, § 207.
MD Code, Estates and Trusts, § 13-207, MD EST & TRST § 13-207
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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