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§ 14-404. Review of guardianships

West's Annotated Code of MarylandFamily Law

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 14. Adult Protective Services (Refs & Annos)
Subtitle 4. Review Board (Refs & Annos)
MD Code, Family Law, § 14-404
§ 14-404. Review of guardianships
Currentness
Frequency of review of guardianship
(a)(1)(i) Except as provided in subparagraph (ii) of this paragraph, at least every 6 months the review board shall review each guardianship that a public agency holds.
(ii) At least once a year the review board shall review each guardianship that a public agency has held for more than 1 year.
(iii) At least every 6 months the review board shall conduct a file review of each guardianship that a public agency has held for more than 1 year based on a written report to the board including the present place of residence and health status of the ward, the guardian's plan for preserving and maintaining the future well-being of the ward, the need for continuation or cessation of the guardianship or for any plans in altering the powers of the guardian, and the most recent dates of visits by the guardian or the guardian's designee.
(2) The review board may review a case more frequently if:
(i) the disabled individual, the disabled individual's guardian, or the disabled individual's attorney files a petition for review; or
(ii) the review board, on its own motion, schedules a review.
Effect of review on guardianship
(b)(1) Notwithstanding the provisions of § 13-708(b)(8) of the Estates and Trusts Article, each time that the review board reviews a guardianship, the review board shall recommend that the guardianship be:
(i) continued;
(ii) modified; or
(iii) terminated.
(2) Notwithstanding that the review board recommends that a guardianship be continued, the court may order that the guardianship be modified or terminated.
Attendance and representation of individual
(c) The disabled individual shall:
(1) attend each review board hearing if the disabled individual is able to attend; and
(2) be represented at each review board hearing by:
(i) the lawyer that the disabled individual chooses; or
(ii) a lawyer who is appointed by the court.
Records confidential
(d) Except for purposes of a judicial proceeding under this title, all records of the review board are confidential.

Credits

Added by Acts 1984, c. 552, § 2, eff. Oct. 1, 1984. Amended by Acts 1985, c. 478, § 1, eff. July 1, 1985; Acts 1986, c. 426, § 1, eff. July 1, 1986; Acts 1987, c. 11, § 1, eff. April 2, 1987; Acts 2018, c. 12, § 6.
Formerly Art. 88A, § 110.
MD Code, Family Law, § 14-404, MD FAMILY § 14-404
Current through legislation effective through April 25, 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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