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Terms Used In Maryland Code, ESTATES AND TRUSTS 13.5-201

  • 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.
  • 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
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
A court of this State has jurisdiction to appoint a guardian or issue a protective order for a respondent if:

(1) This State is the home state of the respondent;

(2) On the date the petition is filed, this State is a significant-connection state and:

(i) The respondent does not have a home state or a court of the home state of the respondent has declined to exercise jurisdiction because this State is a more appropriate forum; or

(ii) The respondent has a home state, a petition for the appointment of a guardian or protective order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:

1. A petition for an appointment or order is not filed in the home state of the respondent;

2. An objection to the jurisdiction of the court is not filed by a person required to be notified of the proceeding; and

3. The court concludes that the court is an appropriate forum under the factors set forth in § 13.5-204 of this subtitle;

(3) (i) This State does not have jurisdiction under item (1) or (2) of this subsection; and

(ii) The home state of the respondent and all significant-connection states have declined to exercise jurisdiction because:

1. This State is the more appropriate forum; and

2. Jurisdiction in this State is consistent with the constitutions of this State and the United States; or

(4) The requirements for special jurisdiction under § 13.5-202 of this subtitle are met.