§ 13-211. Protective proceedings

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2023

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, 2023
MD Code, Estates and Trusts, § 13-211
§ 13-211. Protective proceedings
Currentness
Procedures for notice, petitions, and conduct at hearings
(a)(1) There shall be no jury trial in protective proceedings.
(2) Procedures for notice to interested persons, the forms of petitions, and the conduct of and requirements at hearings are as provided in the Maryland Rules.
Attorney appointed to represent alleged disabled person
(b)(1) Unless the alleged disabled person has chosen counsel, the court shall appoint an attorney to represent the alleged disabled person in the proceeding.
(2) If the alleged disabled person is indigent, the State shall pay a reasonable attorney's fee.
(3) In any action in which payment for the services of a court-appointed attorney for the alleged disabled person is the responsibility of the local department of social services, unless the court finds that it would not be in the best interests of the alleged disabled person, the court shall:
(i) Appoint an attorney who has contracted with the Department of Human Services to provide those services, in accordance with the terms of the contract; and
(ii) In an action in which an attorney has previously been appointed, strike the appearance of the attorney previously appointed and appoint the attorney who is currently under contract with the Department of Human Services, in accordance with the terms of the contract, unless the previously appointed attorney is willing to accept the same fee and the court does not find a conflict of interest.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1981, c. 397; 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; Acts 2022, c. 628, § 1, eff. Oct. 1, 2023; Acts 2022, c. 629, § 1, eff. Oct. 1, 2023.
Formerly Art. 93A, § 211.
MD Code, Estates and Trusts, § 13-211, MD EST & TRST § 13-211
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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