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Terms Used In Maryland Code, ESTATES AND TRUSTS 13-216

  • Fiduciary: A trustee, executor, or administrator.
  • 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
  • Trustee: A person or institution holding and administering property in trust.
(a) If the exercise of a power is improper, the guardian is liable for breach of the guardian’s fiduciary duty to the minor or disabled person or to interested persons for resulting damage or loss to the same extent as a trustee of an express trust.

(b) The rights of purchasers and others dealing with a guardian shall be determined as provided in § 13-219 of this subtitle and are not necessarily affected by the guardian’s breach of fiduciary duty in the transaction.