Maryland Code, ESTATES AND TRUSTS 13-704
Terms Used In Maryland Code, ESTATES AND TRUSTS 13-704
- 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
- Local department of social services: includes the Montgomery County government. 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
(1) Superintend and direct the care of a disabled person;
(2) Appoint a guardian of the person; and
(3) Pass orders and decrees respecting the person as seems proper, including an order directing the disabled person to be sent to a hospital.
(b) Procedures in these cases shall be as prescribed by the Maryland Rules and in accordance with the provisions of this subtitle and Title 13.5 of this article.
(c) (1) On the filing of a petition for attorney’s fees made in reasonable detail by an interested person or an attorney employed by the interested person, the court may order reasonable and necessary attorney’s fees incurred in bringing a petition for appointment of a guardian of the person of a disabled person to be paid from the estate of the disabled person.
(2) Before ordering the payment of attorney’s fees under paragraph (1) of this subsection, the court shall consider:
(i) The financial resources and needs of the disabled person; and
(ii) Whether there was substantial justification for the filing of the petition for guardianship.
(3) On a finding by the court of an absence of substantial justification for bringing the petition for guardianship, the court shall deny a petition for attorney’s fees filed under paragraph (1) of this subsection.
(4) The court may not award attorney’s fees under paragraph (1) of this subsection if the petition for guardianship is brought by:
(i) A government agency paying benefits to the disabled person;
(ii) A local department of social services; or
(iii) An agency eligible to serve as the guardian of the disabled person under § 13-707 of this subtitle.