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Terms Used In Maryland Code, ESTATES AND TRUSTS 13-201

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • minor: means an individual under the age of 18 years. See
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
(a) On petition, and after any notice or hearing prescribed by law or the Maryland Rules, the court may appoint a guardian of the property of a minor or a disabled person.

(b) A guardian shall be appointed if the court determines that:

(1) A minor owns or is entitled to property that requires management or protection; or

(2) Funds are needed for the minor’s support, care, welfare, and education and protection is necessary or desirable to obtain or provide funds.

(c) A guardian shall be appointed if the court determines that:

(1) The person is unable to manage effectively the person’s property and affairs because of physical or mental disability, disease, habitual drunkenness, addiction to drugs, imprisonment, compulsory hospitalization, detention by a foreign power, or disappearance; and

(2) The person has or may be entitled to property or benefits which require proper management.