Terms Used In Maryland Code, FAMILY LAW 5-1013

  • 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.
  • 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
(a) A party under legal disability need not proceed by guardian, committee, or next friend or defend by guardian ad litem, committee, or court-appointed counsel under this subtitle.

(b) Any proceeding under this subtitle by or against a party under legal disability and any action taken by counsel on behalf of a party under legal disability is binding on that party as if that party were not under legal disability.

(c) Any person who has knowledge of a party’s legal disability shall advise the court of that disability. This duty to advise the court applies particularly to the counsel for the parties.

(d) The court may take any action and order any proceedings that the court considers just and proper to protect the rights of a party under legal disability.