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RULE 10-403. PETITION BY STANDBY GUARDIAN

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 400. Standby Guardian
Effective: January 1, 2020
MD Rules, Rule 10-403
RULE 10-403. PETITION BY STANDBY GUARDIAN
(a) Filing of Petition. If a parent has designated a standby guardian by a written designation pursuant to Code, Estates and Trusts Article, § 13-904 and has not revoked that designation, and the standby guardian wishes to retain the authority under that designation, the standby guardian shall file a petition for judicial appointment:
(1) upon the standby guardian's receipt of a copy of a determination of the parent's incapacity, pursuant to Code, Estates and Trusts Article, § 13-904 (c)(1), if that was a basis for the designation;
(2) upon the standby guardian's receipt of a copy of a determination of the parent's debilitation and other documents pursuant to Code, Estates and Trusts Article, § 13-904 (c)(2), if that was a basis for the designation; or
(3) upon the standby guardian's receipt of evidence of an adverse immigration action against the parent and the parent's written consent pursuant to Code, Estates and Trusts Article, § 13-904 (c)(3), if that was a basis for the designation; and
(4) in any case within 180 days after the effective date of the standby guardianship, pursuant to Code, Estates and Trusts Article, § 13-904 (e).
Cross reference: See Code, Estates and Trusts Article, § 13-904 (e)(2), terminating the standby guardianship if the standby guardian fails to file the petition within the 180-day period.
(b) Venue. The petition shall be filed in the county where the minor resides or is physically present.
(c) Contents. The petition shall be captioned “In the Matter of ...” [stating the name of the minor]. It shall be signed and verified by the petitioner and shall contain the following information:
(1) The petitioner's name, address, age, telephone number, and relationship to the minor and the minor's parents;
(2) The name, address, and date of birth of the minor;
(3) If the minor is at least 14 years of age, the wishes of the minor, if known;
(4) Whether the minor has any siblings and, if so, their names and ages and whether a guardianship is sought for them;
(5) The names and addresses of the witnesses to the written designation of the petitioner as standby guardian of the minor and any relationship of the petitioner to those witnesses;
(6) A statement explaining why the appointment of the proposed standby guardian is in the best interests of the minor;
(7) Whether and under what circumstances the standby guardianship is to be of the minor's person, property, or of both;
(8) If the standby guardian is to be a guardian of the property of the minor, the nature, value, and location of the property;
(9) A description of the duties and powers of the standby guardian, including whether the standby guardian is to have the authority to apply for, receive, and use public benefits and child support payable on behalf of the minor;
(10) A statement (A) whether the standby guardian has been convicted of a crime listed in Code, Estates and Trusts Article, § 11-114 or any such charge is currently pending against the standby guardian, and (B) if the standby guardian has been convicted of such a crime, the charge for which the standby guardian was convicted, the year of the conviction, the court in which the conviction occurred, and any good cause for the appointment, if applicable under § 11-114 (b);
(11) If the petition is filed by a person designated by a parent as alternate standby guardian pursuant to Code, Estates and Trusts Article, § 13-904 (b)(2), a statement that the person designated as standby guardian is unwilling or unable to act as standby guardian and the basis for the statement; and
(12) A list of interested persons.
(d) Documentation. Subject to subsections (d)(3) and (4) of this Rule, the petitioner shall file with the petition:
(1) The written parental designation of the standby guardian signed or consented to by each person having parental rights over the child, if available, and, if not, the documentation required by Code, Estates and Trusts Article, § 13-904(f)(4);
(2) If a person having parental rights over the child did not sign or consent to the designation, a verified statement containing the following information, to the extent known: (A) the identity of the person, (B) if not known, what efforts were made to identify and locate the person, (C) if the person declined to sign or consent to the designation, the name and whereabouts of the person and the reasons the person declined, and (D) if the designation was due to an adverse immigration action and the person having parental rights who did not sign or consent to the designation resides outside the United States, a statement to that effect.
Cross reference: See Code, Estates and Trusts Article, § 13-904 (f).
(3) A copy, as appropriate, of:
(A) A physician's determination of incapacity or debilitation of the parent pursuant to Code, Estates and Trusts Article, § 13-906;
(B) If a determination of debilitation is filed, the parental consent to the beginning of the standby guardianship; or
(C) If the designation was due to an adverse immigration action against the parent, the parental consent to the beginning of the guardianship, evidence of the adverse immigration action, and a copy of the birth certificate or other evidence of parentage for each child for whom the standby guardian is designated.
(4) If more than three months have elapsed since the standby guardianship became effective, (A) a statement from the child's primary healthcare provider that the child receives appropriate healthcare, (B) if the child is enrolled in school, a copy of the child's most recent report card or other progress report, and (C) a reference to all court records pertaining to the child during that period.
Cross reference: See Rule 10-106.2 regarding the appointment of an investigator if the court has a concern about the health, education, or general well-being of the child.
(e) Notice.
(1) Unless the Court orders otherwise, the petitioner shall send by first-class mail, return service requested, to all interested persons a copy of the petition and a “Notice to Interested Persons” pursuant to section (f) of this Rule. Service upon a minor under the age of ten years may be waived provided that the other service requirements of this section are met.
(2) Except as provided in subsection (e)(3) of this Rule, if the court is satisfied that the petitioner, after reasonable efforts made in good faith, has been unable to ascertain the whereabouts of a person having parental rights, the court may order, as to that individual, that the “Notice to Interested Persons Whose Whereabouts are Unknown,” which is set out in section (g) of this Rule, be published one time in the county of that individual's last known residence or be posted at that county's courthouse door or on a bulletin board within its immediate vicinity.
(3) If the designation and petition are based on an adverse immigration action and the person with parental rights resides outside the United States, the notice provided for in subsection (e)(2) of this Rule shall not be given.
(f) Notice to Interested Persons. The Notice to Interested Persons shall be in the following form:
In the Matter of
In the Circuit Court for
 
 
(Name of minor)
(County)
 
 
(Date of Notice)
(docket reference)
NOTICE TO INTERESTED PERSONS
A petition has been filed seeking appointment of a standby guardian of the [person] [property] [person and property] of _______, a minor.
You are receiving this notice of this proceeding because you are related to or otherwise concerned with the welfare of the minor.
Please examine the attached papers carefully.
If you object to the appointment of a standby guardian, please file a response with the court at
 
 
(address of courthouse)
no later than 30 days after the date of issue of this Notice. (Be sure to include the case number.) If a response is not received by the court, the court may rule on the petition without a hearing. If you wish to participate in this proceeding in any way, notify the court and be prepared to attend any hearing.
CERTIFICATE OF SERVICE
I certify that a copy of the petition and the “Notice to Interested Persons” was mailed, by ordinary mail, postage prepaid, and by certified mail, postage prepaid and return receipt requested, this
____
day of
_______
,
____
to
 
at
 
 
.
 
Petitioner
 
Name (printed)
 
 
Address
 
Telephone Number
(g) Notice to Interested Persons Whose Whereabouts are Unknown. The Notice to Interested Persons Whose Whereabouts are Unknown shall be in the following form:
In the Matter of
In the Circuit Court for
 
 
(Name of minor)
(County)
 
 
(Date of notice)
(docket reference)
NOTICE TO INTERESTED PERSONS WHOSE WHEREABOUTS ARE UNKNOWN
A petition has been filed seeking the appointment of a standby guardian of the [person] [property] [person and property] of _______, who is alleged to be a minor.
If you are related to or otherwise concerned with the welfare of the minor, you may obtain further information from the court at
 
 
 
.
(address of courthouse)
Any response must be received by the court no later than 30 days after the date of issue of this Notice.
Cross reference: Code, Estates and Trusts Article, § 13-904 (e) and (f).
Source: This Rule is new.

Credits

[Adopted Feb. 10, 1998, eff. July 1, 1998. Amended Dec. 4, 2018, eff. Jan. 1, 2019; Nov. 19, 2019, eff. Jan. 1, 2020.]
MD Rules, Rule 10-403, MD R GUARD AND FIDUCIARIES Rule 10-403
Current with amendments received through November 15, 2020.
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