Terms Used In Maryland Code, ESTATES AND TRUSTS 13-605

  • Administrator: includes an executor and a personal representative. See
  • Adult: means an individual at least 18 years old. See
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Descendent: One who is directly descended from another such as a child, grandchild, or great grandchild.
  • 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.
  • 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.
  • 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
  • Trustee: A person or institution holding and administering property in trust.
(a) An action may be brought under this subtitle by a susceptible adult or older adult or by a person serving in one or more of the following representative capacities for a susceptible adult or older adult:

(1) An attorney in fact, guardian, trustee, or other fiduciary acting on behalf of the susceptible adult or older adult, or a successor named in an instrument providing such authorization;

(2) A person authorized to make health care decisions for the susceptible adult or older adult, or a successor named in an instrument providing the authorization;

(3) A spouse, parent, or descendent of the susceptible adult or older adult;

(4) An individual who would qualify as the susceptible adult’s or older adult’s presumptive heir;

(5) A person named as a beneficiary to receive any property, benefit, or contractual right on the susceptible adult’s or older adult’s death, including a person who would be a beneficiary but for the financial exploitation;

(6) The personal representative or special administrator of an estate of a deceased susceptible adult or older adult; or

(7) A government agency that otherwise has authority and jurisdiction, including:

(i) The Division of Consumer Protection in the Office of the Attorney General; and

(ii) The Securities Commissioner of the Division of Securities in the Office of the Attorney General.

(b) A cause of action authorized under this subtitle:

(1) Is in addition to and cumulative with any other criminal or administrative claims, causes of action at law or in equity, or remedies otherwise available to the susceptible adult or older adult, including an action under § 13-204 of the Commercial Law Article and § 11-209 of the Corporations and Associations Article; and

(2) Shall survive the death of the susceptible adult or older adult.