reglab/housing_qa huggingface dataset:
MD. Estates and Trusts Code Ann. §  13-105 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults|Subtitle 1 - General Provisions|Section 13-105 - Jurisdiction

    (a)    (1)    The orphans’ courts and the circuit courts have concurrent jurisdiction over guardians of the person of a minor and over protective proceedings for minors.        (2)    Upon petition of an interested person, a matter initiated in the orphans’ court may be transferred to the circuit court.    (b)    Subject to Title 13.5 of this article, the circuit courts have exclusive jurisdiction over protective proceedings for disabled persons.    (c)    (1)    An orphans’ court may exercise jurisdiction over guardianship of the person of a minor if the presiding judge of the orphans’ court is a member of the bar, regardless of whether the minor who is the subject of the petition for guardianship of the person has property, may inherit property, or is destitute.        (2)    An orphans’ court that exercises jurisdiction or is requested to exercise jurisdiction under this subsection may:            (i)    Transfer the matter to the circuit court on a finding that the best interests of the child require utilization of the equitable powers of the circuit court; and            (ii)    Waive the costs, if any, of a transfer under this paragraph.
MD. Estates and Trusts Code Ann. §  13-106 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults|Subtitle 1 - General Provisions|Section 13-106 - Orphans' Court

    (a)    An orphans’ court has full power to secure the rights of a minor whose estate is being administered by a guardian under its jurisdiction.    (b)    (1)    The orphans’ court, under the pretext of incidental power or constructive authority, may not exercise jurisdiction not expressly conferred by law.        (2)    The orphans’ court is governed by the provisions of §§ 2–102 through 2–105 of this article.
MD. Estates and Trusts Code Ann. §  13-107 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults|Subtitle 1 - General Provisions|Section 13-107 - Register of Wills

    If appropriate to proceedings under this title, the powers and duties of the register of wills in proceedings in the orphans’ court are the same as the powers and duties of the registers under Title 2, Subtitle 2 of this article.
MD. Estates and Trusts Code Ann. §  13-201 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults|Subtitle 2 - Protection of Property|Section 13-201 - Appointment of Guardian

    (a)    On petition, and after any notice or hearing prescribed by law or the Maryland Rules, the court may appoint a guardian of the property of a minor or a disabled person.    (b)    A guardian shall be appointed if the court determines that:        (1)    A minor owns or is entitled to property that requires management or protection; or        (2)    Funds are needed for the minor’s support, care, welfare, and education and protection is necessary or desirable to obtain or provide funds.    (c)    A guardian shall be appointed if the court determines that:        (1)    The person is unable to manage effectively the person’s property and affairs because of physical or mental disability, disease, habitual drunkenness, addiction to drugs, imprisonment, compulsory hospitalization, detention by a foreign power, or disappearance; and        (2)    The person has or may be entitled to property or benefits which require proper management.
MD. Estates and Trusts Code Ann. §  13-202 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults|Subtitle 2 - Protection of Property|Section 13-202 - Venue

    Venue in proceedings under this subtitle shall be as provided by the Maryland Rules.
MD. Estates and Trusts Code Ann. §  13-203 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults|Subtitle 2 - Protection of Property|Section 13-203 - Preservation and Application of Property

    (a)    (1)    While a petition for appointment of a guardian or other protective order is pending, the court may preserve and apply the property of the alleged disabled person or minor as may be required.        (2)    The court need not give notice to other persons.    (b)    (1)    The court may not exercise the power conferred by subsection (a) of this section unless it appears from specific facts shown by affidavit that immediate, substantial, and irreparable injury will result to the applicant or to the minor or disabled person before an adversary hearing can be held.        (2)    The court may communicate informally with the minor or disabled person before taking action.        (3)    Any order shall be served immediately on the minor or disabled person.    (c)    (1)    Except for the limitations contained in § 13–106 of this title, after appointment of the guardian, the court has all the powers over the property of the minor or disabled person that the person could exercise if not disabled or a minor.        (2)    The powers that a circuit court has under paragraph (1) of this subsection include the power to authorize or direct the guardian to:            (i)    Make gifts from the principal and income of the estate; and            (ii)    Disclaim on behalf of the minor or disabled person, in whole or in part, the right of succession or transfer to that person of any property or interest in any property.        (3)    The powers that a circuit court has under paragraph (2) of this subsection are in addition to and may not limit the power:            (i)    Conferred upon the guardian to make distributions under § 13–214 of this subtitle; and            (ii)    Conferred upon the guardian or the circuit court, without appointing a guardian, to disclaim or authorize or direct a disclaimer on behalf of a minor or disabled person under § 9–201(c) of this article.    (d)    A guardian or any other interested person may invoke the jurisdiction of the court at any time to resolve questions concerning the estate or its administration.
MD. Estates and Trusts Code Ann. §  13-204 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults|Subtitle 2 - Protection of Property|Section 13-204 - Authorization of Specific Transaction Without Appointment of Guardian

    (a)    (1)    If a basis exists as described in § 13–201 of this subtitle for assuming jurisdiction over the property of a minor or disabled person, the circuit court, without appointing a guardian, may authorize or direct a transaction with respect to the property, service, or care arrangement of the minor or disabled person.        (2)    The transactions described under paragraph (1) of this subsection include:            (i)    Payment, delivery, deposit, or retention of funds or property;            (ii)    Sale, mortgage, lease, or other transfer of property;            (iii)    Purchase of contracts for an annuity, life care, training, or education;            (iv)    Making the election to take an elective share of an estate subject to election under § 3–403 of this article; or            (v)    Any other transaction described in:                1.    § 13–203(c)(2) of this subtitle;                2.    Title 9, Subtitle 2 of this article; or                3.    § 15–102 of this article.    (b)    Before approving a transaction or arrangement under this section, the court shall consider the interests of creditors and dependents of the minor or disabled person and whether the property of the minor or disabled person needs the continuing protection provided by a guardian.
MD. Estates and Trusts Code Ann. §  13-205 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults|Subtitle 2 - Protection of Property|Section 13-205 - Effect of Adjudication

    An adjudication under this subtitle shall have no bearing on the issue of whether the alleged disabled person has the capacity for self–care.
MD. Estates and Trusts Code Ann. §  13-206 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults|Subtitle 2 - Protection of Property|Section 13-206 - Guardian Generally

    (a)    Subject to the provisions of § 13-207 of this subtitle, the court may appoint as guardian of the estate of a minor or disabled person:        (1)    Any individual;        (2)    Any trust company; or        (3)    Any other corporation authorized by law to serve as a trustee.    (b)    The appointed guardian shall qualify by filing any required bond.    (c)    (1)    (i)    The appointment and qualification of a guardian vests in the guardian title to all property of the minor or protected person that is held at the time of appointment or acquired later.            (ii)    The appointment is not a transfer or alienation within the meaning of any federal or State statute or regulation, insurance policy, pension plan, contract, will, or trust instrument that imposes restrictions on or penalties for transfer or alienation by the minor or disabled person of the minor or disabled person’s rights or interest.            (iii)    A guardian shall utilize powers conferred by this subtitle to perform services, exercise discretion, and discharge the guardian’s duties for the best interest of the minor or disabled person or the minor or disabled person’s dependents.        (2)    If a trust company is appointed guardian, a court may order any money paid to the court for the benefit of the minor or disabled person to be deposited with the trust company.    (d)    The guardian is the statutory agent of the minor or disabled person for the purpose of filing all government reports and returns.
MD. Estates and Trusts Code Ann. §  13-207 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults|Subtitle 2 - Protection of Property|Section 13-207 - Persons Entitled to Appointment as Guardian

    (a)    Persons are entitled to appointment as guardian for a minor or disabled person according to the following priorities:        (1)    A conservator, committee, guardian of property, or other like fiduciary appointed by any appropriate court of any foreign jurisdiction in which the minor or disabled person resides;        (2)    A person or corporation nominated by the minor or disabled person if:            (i)    The designation was signed by the minor or disabled person when the minor or disabled person was at least 16 years old; and            (ii)    In the opinion of the court, the minor or disabled person had sufficient mental capacity to make an intelligent choice at the time the designation was executed;        (3)    The minor or disabled person’s spouse;        (4)    The minor or disabled person’s parents;        (5)    A person or corporation nominated by the will of a deceased parent;        (6)    The minor or disabled person’s children;        (7)    The persons who would be the minor or disabled person’s heirs if the minor or disabled person were dead;        (8)    A person or corporation nominated by a person, institution, organization, or public agency that is caring for the minor or disabled person;        (9)    A person or corporation nominated by a governmental agency that is paying benefits to the minor or disabled person; and        (10)    Any other person considered appropriate by the court.    (b)    (1)    A person specified in a priority in subsection (a)(1), (3), (4), (6) or (7) of this section may waive and nominate in writing a person or corporation to serve in the specified person’s stead.        (2)    A nominee of a person holding a priority has the same priority as the person making the nomination.    (c)    (1)    Among persons with equal priority, the court shall select the one best qualified of those willing to serve.        (2)    For good cause the court may pass over a person with priority and appoint a person with less priority or no priority.    (d)    (1)    Subject to paragraph (2) of this subsection, nonresidence does not disqualify any person from serving as guardian.        (2)    Any nonresident who is appointed cannot qualify until the nonresident files with the register or clerk an irrevocable designation by the nonresident of an appropriate person who resides in the State on whom service of process may be made in the same manner and with the effect as if it were served personally in the State on the nonresident.    (e)    The court may not name an official or employee of a local department of social services, the State Department of Human Services, a local area agency on aging as defined in § 10–101 of the Human Services Article, or the Department of Aging as guardian of the estate.
MD. Estates and Trusts Code Ann. §  13-208 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults|Subtitle 2 - Protection of Property|Section 13-208 - Bond of Guardian

    (a)    Where the instrument nominating a guardian excuses a noncorporate guardian from furnishing bond, the court shall not require a bond unless exceptional circumstances are shown to exist which make it necessary to require a bond for the safety of those interested in the administration of the estate.    (b)    A corporate guardian shall not be required to furnish bond.    (c)    In the case of a noncorporate guardian, including a substituted or successor or reinstated guardian nominated by the court or nominated under an instrument which is silent as to bond, the court may, subject to subsection (d) of this section, require a bond if, in its discretion, it finds it necessary for the safety of those interested in the administration of the estate.    (d)    In a guardian estate consisting entirely of cash, deposited as provided in the rules, securities or real property, or any combination of them which cannot be transferred by the guardian without the approval of the court, not exceeding $10,000, the court shall not require a guardian to furnish or continue in effect a bond, unless exceptional circumstances are shown to exist.    (e)    (1)    The penalty of the bond may not be greater than the aggregate value of the property of the estate under the control of the guardian, less the value of securities or money deposited in a financial institution as defined in § 13–301(h) of this title under arrangements requiring an order of the court for their removal, and the value of any land which the guardian, by express limitation of power, lacks power to sell or convey without court authorization.        (2)    The court may, in lieu of sureties on a bond, accept other security for the performance of the bond, including a pledge of securities or a mortgage of land.        (3)    The court may at any time, subject to the maximum penalty provided by this section, require the amount of the bond, or the type or value of security, to be changed.        (4)    The approval of a new bond may not discharge a bond filed previously from any liability which may have accrued before approval.    (f)    The terms of any bond shall be as provided by the Maryland Rules.
MD. Estates and Trusts Code Ann. §  13-209 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults|Subtitle 2 - Protection of Property|Section 13-209 - Inventory and Accounting

    Inventory and accounting in proceedings under this subtitle shall be as provided by the Maryland Rules.
MD. Estates and Trusts Code Ann. §  13-209.1 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults|Subtitle 2 - Protection of Property|Section 13-209.1 - Form and Limits of Guardianship Accounts

    (a)    (1)    Subject to paragraph (2) of this subsection, a guardian of the property of a minor or disabled person may petition the court to deposit cash belonging to the minor or disabled person in an amount not exceeding $200,000 into a single restricted account.        (2)    (i)    If the amount of cash belonging to a minor or disabled person exceeds $200,000, any excess amount shall be deposited into additional restricted accounts.            (ii)    The amount deposited in an additional restricted account under subparagraph (i) of this paragraph may not exceed $200,000.            (iii)    The aggregate amount deposited in any financial institution may not exceed $200,000.    (b)    A deposit under subsection (a) of this section may be made into any type of account, including a certificate of deposit, in a financial institution that:        (1)    Accepts deposits; and        (2)    (i)    Is federally insured; or            (ii)    Is regulated by the Commissioner of Financial Regulation.
MD. Estates and Trusts Code Ann. §  13-210 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults|Subtitle 2 - Protection of Property|Section 13-210 - Petition for Orders Granting Relief

    (a)    An interested person may file a petition for an order:        (1)    Requiring bond, security, additional bond, or security in an estate where bond can be required;        (2)    Requiring an accounting of the administration of the estate;        (3)    Directing distribution;        (4)    Removing the guardian and appointing a successor guardian; or        (5)    Granting other appropriate relief.    (b)    A guardian may petition the appointing court for permission to act in any matter relating to the administration of the estate.    (c)    Upon hearing after notice and upon good cause shown, the court may issue an appropriate order.
MD. Estates and Trusts Code Ann. §  13-211 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults|Subtitle 2 - Protection of Property|Section 13-211 - Procedure in Protective Proceedings

    (a)    There shall be no jury trial in protective proceedings. Procedures for notice to interested persons, the forms of petitions, and the conduct of and requirements at hearings are as provided in the Maryland Rules.    (b)    Unless the alleged disabled person has chosen counsel, the court shall appoint an attorney to represent the alleged disabled person in the proceeding.
MD. Estates and Trusts Code Ann. §  13-212 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults|Subtitle 2 - Protection of Property|Section 13-212 - Degree of Care and Skill of Guardian

    A guardian shall exercise the care and skill of a person of ordinary prudence dealing with the person’s own property in the administration of the estate and the exercise of the guardian’s powers.
MD. Estates and Trusts Code Ann. §  13-213 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults|Subtitle 2 - Protection of Property|Section 13-213 - Powers

    All the provisions of § 15–102 of this article with respect to the powers of a fiduciary and the manner of exercise of those powers and Title 15, Subtitle 6 of this article are applicable to a guardian.
MD. Estates and Trusts Code Ann. §  13-215 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults|Subtitle 2 - Protection of Property|Section 13-215 - Limitation of Powers of Guardian Imposed by Will or Court

    (a)    Any limitation on the powers of a guardian contained in a will or other instrument which nominated a guardian should ordinarily be imposed by the court on the guardian.    (b)    If the court limits any power conferred on the guardian by § 13–214 of this subtitle or § 15–102 of this article, the limitation shall be endorsed on the letters of appointment.
MD. Estates and Trusts Code Ann. §  13-216 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults|Subtitle 2 - Protection of Property|Section 13-216 - Liability for Breach of Fiduciary Duties; Rights of Purchasers

    (a)    If the exercise of a power is improper, the guardian is liable for breach of the guardian’s fiduciary duty to the minor or disabled person or to interested persons for resulting damage or loss to the same extent as a trustee of an express trust.    (b)    The rights of purchasers and others dealing with a guardian shall be determined as provided in § 13–219 of this subtitle and are not necessarily affected by the guardian’s breach of fiduciary duty in the transaction.
MD. Estates and Trusts Code Ann. §  13-217 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults|Subtitle 2 - Protection of Property|Section 13-217 - Recording

    (a)    (1)    Letters of guardianship may be recorded in the land records of the county of residence of the minor or disabled person and of any other county where there is real estate in which the estate has an interest.        (2)    The recordation has the same effect as notice as recording a conveyance from the minor or disabled person to the guardian.    (b)    Orders of the court modifying or terminating letters of guardianship or authorizing making a conveyance or doing any other act with respect to interests in real estate constituting part of the estate may be recorded in a similar manner and with similar effect.
MD. Estates and Trusts Code Ann. §  13-218 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults|Subtitle 2 - Protection of Property|Section 13-218 - Compensation and Expenses of Guardian

    (a)    (1)    Except in unusual circumstances and as provided in subsection (b) of this section, the guardian is entitled to the same compensation and reimbursement for actual and necessary expenses as the trustee of a trust.        (2)    No petition or hearing is required to entitle the guardian to compensation and expenses.        (3)    On the petition of any interested person and on a finding by the court that unusual circumstances exist, the court may increase or decrease compensation.    (b)    If the guardian is appointed as the guardian of a disabled person who is a recipient of long–term care services and supports under the Maryland Medical Assistance Program and whose income is subject to § 15–122.3 of the Health – General Article, the guardian is not entitled to receive more than $50 per month in compensation unless the court makes a finding that unusual circumstances exist.
MD. Estates and Trusts Code Ann. §  13-219 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults|Subtitle 2 - Protection of Property|Section 13-219 - Protection of Person Dealing With Guardian

    (a)    In the absence of actual knowledge or of reasonable cause to inquire whether the guardian is improperly exercising the guardian’s power, a person dealing with the guardian need not inquire whether the guardian is exercising it properly, and is protected as if the guardian properly exercised the power, except that every person is charged with actual knowledge of any limitations endorsed on the letters of guardianship.    (b)    A person need not see to the proper application of estate assets paid or delivered to a guardian.