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RULE 10-106.2. APPOINTMENT OF INVESTIGATOR

West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2020

West's Annotated Code of Maryland
Maryland Rules
Title 10. Guardians and Other Fiduciaries
Chapter 100. General Provisions
Effective: January 1, 2020
MD Rules, Rule 10-106.2
RULE 10-106.2. APPOINTMENT OF INVESTIGATOR
(a) In Connection with Petition to Establish Guardianship. The court may appoint an independent investigator in connection with a petition to establish a guardianship of the person, the property, or both of an alleged disabled person or a minor to (1) investigate specific matters relevant to whether a guardianship should be established and, if so, the suitability of one or more proposed guardians and (2) report written findings to the court.
(b) After Guardianship Established. The court may appoint an independent investigator after a guardianship has been established to investigate specific issues or concerns regarding the manner in which the guardianship is being administered and to report written findings to the court.
(c) Selection of Investigator. If the court concludes that it is appropriate to appoint an independent investigator, it shall appoint an individual particularly qualified to perform the tasks to be assigned. If there is an issue as to abuse, neglect, or exploitation of the disabled person, the court may refer the matter to an appropriate public agency to conduct the investigation.
(d) Fee. The court shall fix the fee of an appointed independent investigator, which shall be paid from the estate unless the court directs otherwise.
Source: This Rule is new. It is derived from former Rule 10-106 (c)(2016).

Credits

[Adopted as Rule 10-106.1 Oct. 10, 2017, eff. Jan. 1, 2018. Amended Dec. 4, 2018, eff. Jan. 1, 2019. Renumbered Nov. 19, 2019, eff. Jan. 1, 2020.]

Editors' Notes

HISTORICAL NOTES
2018 Orders
The December 4, 2018 order amended (a) to permit the appointment of an investigator in connection with a guardianship of a minor.
2019 Orders
The November 19, 2019 order renumbered former Rule 10-106.1 as Rule 10-106.2.
MD Rules, Rule 10-106.2, MD R GUARD AND FIDUCIARIES Rule 10-106.2
Current with amendments received through April 1, 2020.
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