Maryland Code, ESTATES AND TRUSTS 13-220
Terms Used In Maryland Code, ESTATES AND TRUSTS 13-220
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Personal representative: includes an administrator and an executor. See
(b) Termination of appointment of a guardian has the effects provided in this section.
(c) (1) (i) Termination ends the right and power pertaining to the office of guardian.
(ii) Unless otherwise ordered by the court, a guardian whose appointment has been terminated shall perform acts necessary to protect the estate and deliver the property to the successor guardian.
(2) Subject to the provisions of the Maryland Rules, termination does not discharge a guardian from liability for transactions or omissions occurring before termination, or relieve the guardian of the duty to preserve, account for, and deliver to a successor property subject to the guardian’s control.
(3) All lawful acts of a guardian before the termination of appointment shall remain valid and effective.
(d) (1) The death of a guardian or the decree of a court of competent jurisdiction that a guardian is under legal disability shall terminate the guardian’s appointment.
(2) The personal representative of a deceased guardian or the person appointed to protect the estate of a guardian under legal disability shall:
(i) Have the duty to protect property belonging to the estate being administered by the deceased or disabled guardian;
(ii) Have the power to perform acts necessary for the protection of property;
(iii) Immediately account for and deliver the property to a successor guardian; and
(iv) Apply immediately to the court for the appointment of a successor guardian to carry on the administration of the estate which was being administered by the deceased or disabled guardian in accordance with the Maryland Rules.
(e) A guardian who desires to resign the guardian’s office may do so in accordance with the provisions of the same Maryland Rules by which a fiduciary may resign the fiduciary’s office.