§ 13-105. Concurrent jurisdiction of orphans’ and circuit courts

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2010

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 1. General Provisions (Refs & Annos)
Effective: October 1, 2010
MD Code, Estates and Trusts, § 13-105
§ 13-105. Concurrent jurisdiction of orphans’ and circuit courts
Currentness
Guardians and protective proceedings for minors
(a)(1) The orphans' courts and the circuit courts have concurrent jurisdiction over guardians of the person of a minor and over protective proceedings for minors.
(2) Upon petition of an interested person, a matter initiated in the orphans' court may be transferred to the circuit court.
Protective proceedings for disabled persons
(b) Subject to Title 13.5 of this article, the circuit courts have exclusive jurisdiction over protective proceedings for disabled persons.
Transfer of matters from orphans’ to circuit court
(c)(1) An orphans' court may exercise jurisdiction over guardianship of the person of a minor if the presiding judge of the orphans' court is a member of the bar, regardless of whether the minor who is the subject of the petition for guardianship of the person has property, may inherit property, or is destitute.
(2) An orphans' court that exercises jurisdiction or is requested to exercise jurisdiction under this subsection may:
(i) Transfer the matter to the circuit court on a finding that the best interests of the child require utilization of the equitable powers of the circuit court; and
(ii) Waive the costs, if any, of a transfer under this paragraph.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 2009, c. 748, § 1, eff. Oct. 1, 2009; Acts 2009, c. 749, § 1, eff. Oct. 1, 2009; Acts 2010, c. 256, § 1, eff. Oct. 1, 2010; Acts 2010, c. 257, § 1, eff. Oct. 1, 2010.
Formerly Art. 93A, § 105.
MD Code, Estates and Trusts, § 13-105, MD EST & TRST § 13-105
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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