Maryland Code, ESTATES AND TRUSTS 13.5-302
Terms Used In Maryland Code, ESTATES AND TRUSTS 13.5-302
- 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
- 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
(2) The petition described in paragraph (1) of this subsection shall include a certified copy of the provisional order of the other state.
(b) (1) Notice of a petition under subsection (a) of this section to accept a guardianship or conservatorship from another state shall be given by the petitioner to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this State.
(2) The notice described in paragraph (1) of this subsection shall be given in the same manner as notice is given in this State.
(c) On the motion of the court or on request of the incapacitated person or protected person, or another interested person, a court shall hold a hearing on a petition filed in accordance with subsection (a) of this section to accept a guardianship or conservatorship from another state.
(d) The court shall issue a provisional order approving a petition filed under subsection (a) of this section unless an objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated person or protected person.
(e) In approving a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacity of the incapacitated person or protected person and the appointment of the guardian or conservator, if the guardian or conservator is eligible to act in this State.
(f) The denial of a petition filed under subsection (a) of this section to accept a guardianship or conservatorship from another state does not affect the ability of a guardian or conservator appointed by a court in another state to seek appointment as guardian of the person or property of the disabled person under Title 13 of this article.