Terms Used In Maryland Code, FAMILY LAW 5-3A-22

  • 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
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) An order for guardianship of an individual:

(1) except as provided in § 5-3A-23 of this subtitle, § 4-414 of the Estates and Trusts Article, and § 2-123 of the Real Property Article, terminates a parent’s duties, obligations, and rights toward the individual;

(2) eliminates the need for notice to a parent as to the filing of an adoption petition;

(3) eliminates the need for further consent of a parent to adoption of the individual; and

(4) grants guardianship of the individual to a child placement agency.

(b) (1) Unless a court gives legal custody to another person, a child’s guardian under this subtitle has legal custody.

(2) Unless a court orders otherwise and subject to review by the court, a child’s guardian may make all decisions affecting the child’s education, health, and welfare, including consenting to:

(i) adoption of the child;

(ii) application by the child for a driver’s license;

(iii) enlistment by the child in the armed forces;

(iv) marriage of the child; and

(v) medical, psychiatric, or surgical treatment.