Maryland Code, ESTATES AND TRUSTS 13.5-205
Terms Used In Maryland Code, ESTATES AND TRUSTS 13.5-205
- 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.
- including: means includes or including by way of illustration and not by way of limitation. See
- 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.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(1) Decline to exercise jurisdiction;
(2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the property of the respondent or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or protective order is filed in a court of another state having jurisdiction; or
(3) Continue to exercise jurisdiction after considering:
(i) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the jurisdiction of the court;
(ii) Whether the court is a more appropriate forum than the court of any other state under the factors set forth in § 13.5-204(c) of this subtitle; and
(iii) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of § 13.5-201 of this subtitle.
(b) (1) If a court of this State determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke the jurisdiction of the court engaged in unjustifiable conduct, the court may assess against that party necessary and reasonable expenses, including attorney’s fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses.
(2) The court may not assess fees, costs, or expenses of any kind against this State or a governmental subdivision, agency, or instrumentality of this State unless authorized by law other than this title.