reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 3 - Maryland Uniform Transfers to Minors Act › Section 13-306 - Irrevocable Transfer by Personal Representative or Trustee -- in Absence of Express Authority

(a)    Subject to subsection (c) of this section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to § 13-309 of this subtitle, in the absence of a will or under a will or trust that does not contain an authorization to do so.
(b)    Subject to subsection (c) of this section, a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to § 13-309 of this subtitle.
(c)    A transfer under subsection (a) or (b) of this section may be made only if:
(1)    The personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor;
(2)    The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument; and
(3)    The transfer is authorized by the court if it exceeds $10,000 in value.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 3 - Maryland Uniform Transfers to Minors Act › Section 13-307 - Irrevocable Transfer by Other Persons Holding Property or Owing Debt to Minor

(a)    Subject to subsections (b) and (c) of this section, a person not subject to § 13-305 or § 13-306 of this subtitle who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to § 13-309 of this subtitle.
(b)    If a person having the right to do so under § 13-303 of this subtitle has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.
(c)    If no custodian has been nominated under § 13-303 of this subtitle, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor’s family or to a trust company unless the property exceeds $10,000 in value.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 3 - Maryland Uniform Transfers to Minors Act › Section 13-308 - Receipt and Discharge

A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this subtitle.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 3 - Maryland Uniform Transfers to Minors Act › Section 13-310 - Nature of Custodianship

(a)    Subject to subsection (c) of this section, a transfer may be made only for 1 minor, and only 1 person may be the custodian.
(b)    All custodial property held under this subtitle by the same custodian for the benefit of the same minor constitutes a single custodianship.
(c)    (1)    Notwithstanding any provision of this subtitle to the contrary, 2 persons may be designated as custodians of custodial property for the benefit of the same minor and that arrangement shall constitute a single custodianship.
(2)    If 2 persons are designated as custodians, they shall act as joint custodians under this subtitle and, unless specified otherwise in any document creating the custodianship, each joint custodian shall have the full power and authority to act alone as a custodian under this subtitle.
(3)    If either joint custodian resigns, dies, becomes incapacitated, or is removed, the remaining custodian may serve as sole custodian without the necessity of appointing a successor joint custodian.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 3 - Maryland Uniform Transfers to Minors Act › Section 13-311 - Effect of Transfer

(a)    The validity of a transfer made in a manner prescribed in this subtitle is not affected by:
(1)    Failure of the transferor to comply with § 13-309(c) of this subtitle concerning possession and control;
(2)    Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under § 13-309(a) of this subtitle; or
(3)    Death or incapacity of a person nominated under § 13-303 of this subtitle or designated under § 13-309 of this subtitle as custodian or the disclaimer of the office by that person.
(b)    A transfer made under § 13-309 of this subtitle is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this subtitle, and neither the minor nor the minor’s legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this subtitle.
(c)    By making a transfer, the transferor incorporates in the disposition all the provisions of this subtitle and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this subtitle.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 3 - Maryland Uniform Transfers to Minors Act › Section 13-312 - Duties and Powers of Custodian

(a)    A custodian shall:
(1)    Take control of custodial property;
(2)    Register or record title to custodial property if appropriate; and
(3)    Collect, hold, manage, invest, and reinvest custodial property.
(b)    (1)    Except as provided in paragraph (2) of this subsection, in dealing with custodial property:
(i)    A custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries;
(ii)    If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise; and
(iii)    A custodian, in the custodian’s discretion and without liability to the minor or the minor’s estate, may retain any custodial property received from a transferor.
(2)    A fiduciary subject to § 15-114 of this article shall comply with that section in dealing with custodial property.
(c)    A custodian may invest in or pay premiums on life insurance or endowment policies on:
(1)    The life of the minor only if the minor or the minor’s estate is the sole beneficiary; or
(2)    The life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor’s estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary.
(d)    (1)    A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor.
(2)    Custodial property consisting of an undivided interest is so identified if the minor’s interest is held as a tenant in common and is fixed.
(3)    Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: “As a custodian for _____�(name of minor) under the Maryland Uniform Transfers to Minors Act”.
(e)    A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor’s tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 3 - Maryland Uniform Transfers to Minors Act › Section 13-313 - Rights of Custodian; Liability

(a)    A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.
(b)    This section does not relieve a custodian from liability for breach of § 13-312 of this subtitle.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 3 - Maryland Uniform Transfers to Minors Act › Section 13-314 - Delivery or Payment to Minor or for Minor's Use and Benefit

(a)    In this section, “disabled” has the meaning stated in 42 U.S.C. § 1382c(a)(3).
(b)    A custodian may deliver or pay to the minor or expend for the minor’s benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to:
(1)    The duty or ability of the custodian personally or of any other person to support the minor; or
(2)    Any other income or property of the minor which may be applicable or available for that purpose.
(c)    (1)    Subject to paragraphs (3) and (4) of this subsection, a custodian may transfer all or part of the custodial property to a qualified minor’s trust without a court order.
(2)    A transfer of custodial property to a qualified minor’s trust terminates the custodianship of that property to the extent of the transfer.
(3)    Custodial property created under a testamentary instrument may not be transferred under this subsection unless the transfer is expressly authorized by the instrument.
(4)    For an inter vivos transfer under this subsection to be valid, the instrument that created the custodial property shall contain in conspicuous type a statement that the transferor of the property elects to grant the custodian the authority to transfer all or part of the custodial property to a qualified minor’s trust without a court order.
(d)    If the minor is disabled, a custodian may, without court order, use all or part of the custodial property to establish or fund for the benefit of the minor:
(1)    A special needs trust, provided that the trustee is subject to the jurisdiction of a court, bonded, and required to file annual accountings of the trust;
(2)    A pooled asset special needs trust account, provided that the trust has been approved by the attorney general of the state where the minor resides; or
(3)    An ABLE account.
(e)    On petition of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor’s benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
(f)    A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 3 - Maryland Uniform Transfers to Minors Act › Section 13-315 - Compensation of Custodian; Bond

(a)    A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian’s duties.
(b)    Except for one who is a transferor under § 13-304 of this subtitle, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.
(c)    Except as provided in § 13-318(f) of this subtitle, a custodian need not give a bond.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 3 - Maryland Uniform Transfers to Minors Act › Section 13-316 - Liability of Third Persons Dealing With Custodian

A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:
(1)    The validity of the purported custodian’s designation;
(2)    The propriety of, or the authority under this subtitle for, any act of the purported custodian;
(3)    The validity or propriety under this subtitle of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or
(4)    The propriety of the application of any property of the minor delivered to the purported custodian.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 3 - Maryland Uniform Transfers to Minors Act › Section 13-317 - Claims Against Custodial Property

(a)    A claim based on any of the following may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable:
(1)    On a contract entered into by a custodian acting in a custodial capacity;
(2)    For an obligation arising from the ownership or control of custodial property; or
(3)    On a tort committed during the custodianship.
(b)    A custodian is not personally liable:
(1)    On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
(2)    For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
(c)    A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 3 - Maryland Uniform Transfers to Minors Act › Section 13-319 - Accounting

(a)    A minor who has attained the age of 14 years, the minor’s guardian of the person or legal representative, an adult member of the minor’s family, a transferor, or a transferor’s legal representative may petition the court for:
(1)    An accounting by the custodian or the custodian’s legal representative; or
(2)    A determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under § 13-317 of this subtitle to which the minor or the minor’s legal representative was a party.
(b)    A successor custodian may petition the court for an accounting by the predecessor custodian.
(c)    The court, in a proceeding under this subtitle or in any other proceeding, may require or permit the custodian or the custodian’s legal representative to account.
(d)    If a custodian is removed under § 13-318(f) of this subtitle, the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 3 - Maryland Uniform Transfers to Minors Act › Section 13-320 - Transfer of Property to Minor

The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor’s estate upon the earlier of:
(1)    The minor’s attainment of 21 years of age with respect to custodial property transferred under § 13-304, § 13-305, or § 13-306 of this subtitle;
(2)    The minor’s attainment of age 18 with respect to custodial property transferred under § 13-307 of this subtitle; or
(3)    The minor’s death.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 3 - Maryland Uniform Transfers to Minors Act › Section 13-321 - Applicability of Subtitle

This subtitle applies to a transfer within the scope of § 13–302 of this subtitle made on or after July 1, 1989, if:
(1)    The transfer purports to have been made under the Maryland Uniform Gifts to Minors Act; or
(2)    The instrument by which the transfer purports to have been made uses in substance the designation “As custodian under the Uniform Gifts to Minors Act” or “As custodian under the Uniform Transfers to Minors Act” of any other state, and the application of this subtitle is necessary to validate the transfer.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 3 - Maryland Uniform Transfers to Minors Act › Section 13-322 - Validation of Prior Transfers

(a)    Any transfer of custodial property as now defined in this subtitle made before July 1, 1989, is validated notwithstanding that there was no specific authority in the Maryland Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
(b)    This subtitle applies to all transfers made before July 1, 1989, in a manner and form prescribed in the Maryland Uniform Gifts to Minors Act, except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on the effective date of this subtitle.
(c)    With respect to the age of a minor for whom custodial property is held, this subtitle does not apply to custodial property held in a custodianship that terminated because of the minor’s attainment of the age of 18 before July 1, 1989.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 3 - Maryland Uniform Transfers to Minors Act › Section 13-323 - Construction of Subtitle

(a)    This subtitle shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this subtitle among states enacting it.
(b)    This subtitle may not be construed as providing an exclusive method for making transfers to minors.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 3 - Maryland Uniform Transfers to Minors Act › Section 13-323.1 - Award of Reasonable and Necessary Expenses for Prosecuting or Defending Proceeding

(a)    In this section, “reasonable and necessary expense” includes:
(1)    Suit money;
(2)    Counsel fees; and
(3)    Costs.
(b)    At any point in a proceeding under this subtitle, the court may order either party to pay to the other party an amount for the reasonable and necessary expense of prosecuting or defending the proceeding.
(c)    Before ordering the payment, the court shall consider:
(1)    The financial resources and financial needs of both parties; and
(2)    Whether there was substantial justification for prosecuting or defending the proceeding.
(d)    On a finding by the court that there was an absence of substantial justification of a party for prosecuting or defending the proceeding, the court may award to the other party the reasonable and necessary expense of prosecuting or defending the proceeding.
(e)    The court may award reimbursement for any reasonable and necessary expense that previously has been paid.
(f)    As to any amount awarded for counsel fees, the court may:
(1)    Order that the amount awarded be paid directly to the lawyer; and
(2)    Enter judgment in favor of the lawyer.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 4 - Recovery by Minor in Tort › Section 13-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Minor” means any person under 18 years of age:
(1)    Who actually resided in the State at the time of the happening of the occurrence out of which the claim, action, or judgment arises; or
(2)    Who actually resides in the State at the time money is paid to the minor or to any person acting for the minor because of a claim, action, or judgment in tort.
(c)    “Net sum” means:
(1)    The net amount due the minor or to any person acting for the minor after the deduction of the fee of the attorney and expenses; or
(2)    If the minor is not represented by an attorney, the amount due to the minor or to any person acting for the minor, by or on behalf of any person liable.
(d)    “The person responsible for the payment of the money” means:
(1)    The attorney, if the minor or any person acting for the minor is represented by an attorney; or
(2)    Any defendant, insurer, or the State under the provisions of the Unsatisfied Claim and Judgment Fund Law, if the minor or any person acting for the minor is not represented by an attorney.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 4 - Recovery by Minor in Tort › Section 13-402 - Statement of Policy

It is public policy of the State that any substantial sum of money paid to a minor because of a claim, action, or judgment in tort should be preserved for the benefit of the minor.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 4 - Recovery by Minor in Tort › Section 13-403 - Appointment of Trustee or Guardian for Minor

(a)    Unless a court appoints a guardian of the property of a minor under subsection (c) of this section, if a minor or any other person in whose name a claim in tort is made or judgment in tort obtained on behalf of a minor recovers a net sum of $5,000 or more, the person responsible for the payment of the money shall make payment by check made to the order of “............................................. (name of trustee), trustee under Title 13 of the Estates and Trusts Article, Annotated Code of Maryland, for .............................. (name of minor), minor”.
(b)    No other act is necessary to constitute the person named a trustee.
(c)    (1)    In accordance with the procedures for the appointment of a guardian under Subtitle 2 of this title, the court may appoint a guardian of the property of a minor on whose behalf a recovery in tort is sought or has been obtained if the court determines that the appointment would be in the minor’s best interest.
(2)    The petition for guardianship may be made by an interested person or a trustee under this subtitle.
(d)    If a court appoints a guardian of the property of a minor under subsection (c) of this section and the minor or any other person in whose name a claim in tort is made or judgment in tort obtained on behalf of the minor recovers a net sum of $5,000 or more, the person responsible for the payment of the money shall make payment by check made to the order of “....................................................., (name of guardian), guardian under Title 13, Subtitle 2 of the Estates and Trusts Article, Annotated Code of Maryland, for .................................. (name of minor), minor”.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 4 - Recovery by Minor in Tort › Section 13-404 - Bond Not Required; Deposit or Investment of Proceeds of Appointing Check

(a)    The trustee need not give bond.
(b)    (1)    A trustee who receives a check under § 13-403 of this subtitle shall:
(i)    Subject to paragraph (3) of this subsection, deposit the check in any financial institution as defined in § 13-301 of this title; or
(ii)    Invest or reinvest the proceeds of the check, directly or by securities or other interests of a broker or dealer, in:
1.    General obligations of or obligations guaranteed by the United States or this State;
2.    Other obligations of the United States or this State or of its political subdivisions, agencies, authorities, or municipal corporations that are rated in one of the two highest rating categories by a nationally recognized credit rating agency; or
3.    Any open end management investment company or investment trust that is registered under the federal Investment Company Act of 1940, 15 U.S.C. § 80a-1 et seq., and that:
A.    Meets the criteria of a money market fund that are specified in the federal Investment Company Act and the regulations adopted under that law; or
B.    In a prospectus filed with the Securities and Exchange Commission of the federal government, states as a principal investment objective long-term growth or capital appreciation through investments in equity securities.
(2)    If the trustee deposits the check in a financial institution under paragraph (1)(i) of this subsection, the trustee may direct the financial institution to invest or reinvest the proceeds of the check in a certificate of deposit or other interest bearing account.
(3)    Deposits in a financial institution under paragraph (1)(i) of this subsection may not exceed the amount of insurance provided for such deposits.
(4)    Investments in money market funds under paragraph (1)(ii)3A of this subsection, investments in stock mutual funds under paragraph (1)(ii)3B of this subsection, and investments in any combination of both money market funds and stock mutual funds may not exceed 30% of the trust assets at the time of investment.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 4 - Recovery by Minor in Tort › Section 13-405 - Court Order Required for Withdrawal

(a)    Except on the order of a circuit court, the financial institution specified in § 13–404(b) of this subtitle may not allow the withdrawal of any of the money except to pay it to the minor on the minor’s attainment of the age of 18 years or to pay to the personal representative of the minor’s estate on the death of the minor before the minor’s attaining the age of 18 years.
(b)    Payment by any institution or association in accordance with an order of the court, or to a minor on or after the minor’s 18th birthday, or to the personal representative after the death of the minor, is a complete discharge of liability of the institution or association for the money paid.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 4 - Recovery by Minor in Tort › Section 13-406 - Petition to Court for Withdrawal

(a)    A trustee shall file a petition for withdrawal of any of the money of the minor in the original court action or in the equity court in the county where the money is on deposit.
(b)    (1)    The petition shall be verified and state in detail the purposes for which the withdrawal of the money is desired.
(2)    On receiving a petition, the court shall make any inquiry necessary before granting or denying the petition in whole or in part.
(c)    If money is desired for any purpose other than to pay for medical expenses of the minor, or to further the education of the minor, including reasonable expenditures for room and board, the court shall require a strong showing of necessity by the trustee in a hearing.
(d)    If the trustee dies or is discharged, a petition filed under this section shall include a prayer for the appointment of another trustee.
(e)    In its order on a petition, the court may direct the institution where the funds of the minor are on deposit to make its check to the order of:
(1)    The trustee for the use of the minor; or
(2)    The person, firm, or organization which has performed or is to perform a service for or furnish goods to the minor.
(f)    The court also may direct payment of a reasonable fee for an attorney and the costs of the proceedings, but may not in any event direct or provide for the payment of any fees or commissions to the trustee.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 5 - Miscellaneous Provisions Relating to Minors › Section 13-501 - Payment or Delivery of Money or Chattels

(a)    (1)    Any person, including but not limited to a personal representative or trustee, who is under a duty to pay or deliver money or tangible personal property to a minor may perform the duty by paying or delivering the money or chattel to the guardian of the minor.
(2)    If there is no guardian, or if the guardian is unknown, payment or delivery in amounts or values not exceeding $5,000 per annum may be made to the parent or grandparent of the minor with whom the minor resides.
(3)    If there is no guardian, parent, or grandparent with whom the minor resides, payment or delivery in amounts or values not exceeding $5,000 per annum may be made to a parent or other person standing in loco parentis with the minor, or deposited in a financial institution described in § 13–301(h) of this title.
(4)    The payor is not under a duty to inquire whether the minor has a guardian.
(b)    (1)    A deposit in a financial institution shall be in the sole name of the minor.
(2)    The minor may not withdraw any funds:
(i)    Without an order of court; or
(ii)    Until the minor attains majority.
(c)    (1)    Other than the minor or a financial institution, a person receiving money or property for a minor shall apply the money to the support and education of the minor.
(2)    A person receiving money or property for a minor may not pay himself or herself except for reimbursement for out–of–pocket expenses for goods and services furnished by others which are necessary for the support of the minor.
(3)    Any excess sums shall be preserved for future support of the minor, and any balance not so used and any tangible chattels received for the minor shall be turned over to the minor when the minor attains majority.
(d)    (1)    If a person owes money or property to a minor and pays or delivers it in accordance with this section, the person is not responsible for the proper application of the money or property.
(2)    A release for any distribution signed by the distributee is a valid release.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 5 - Miscellaneous Provisions Relating to Minors › Section 13-502 - Deposit of Money Distributable From Trust, Estate, or Other Source

(a)    If money is distributable from a trust or estate or from any other source to a minor and there is no legally appointed guardian of the property of the minor, the circuit court of the county in which the minor resides or the court in which the estate is being administered may order that the money be deposited in any financial institution described in § 13-301(h) of this title to be named in the order so that it draws interest in the name of the minor.
(b)    The funds so deposited remain subject to the order of the court. The trustee or any person having custody of the minor shall retain the book of deposit or receipt for the deposit until the minor reaches the age of majority, or a guardian is appointed, and the order and deposit made pursuant to it constitute a release to the trustee or personal representative.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 5 - Miscellaneous Provisions Relating to Minors › Section 13-503 - Powers Exercisable Directly by Minors

(a)    (1)    A minor who holds title to property as a tenant by the entirety with a spouse who has reached the age of majority is authorized to join with the spouse in any deed as defined in § 1–101 of the Real Property Article, note, or financing statement in the same manner and effect as an adult.
(2)    This subsection does not affect any right granted in subsection (b) of this section.
(b)    A war veteran or member of the armed services, who is a minor, eligible for the benefits of the Servicemen’s Readjustment Act of 1944, and amendments to it, for the purpose of obtaining the benefits of the Act, may:
(1)    Mortgage real estate the eligible minor owns;
(2)    Buy real estate and execute a mortgage to cover the purchase money;
(3)    Execute a deed for the sale of real estate purchased, or execute notes;
(4)    Make other agreements and do other things as necessary to obtain the benefits of the Act, and amendments to it; and
(5)    Execute releases of claims in the same manner and effect as an adult.
(c)    (1)    A minor who is at least 15 years old:
(i)    May contract for annuities and for life or health insurance on the minor’s own life or body, or on the person of another in whom the minor has an insurable interest;
(ii)    May exercise all rights and powers with respect to or under the contract for the annuity or for insurance on the minor’s own life or body, or any contract the minor effected on the person of another issued to the minor as described as though of full legal age of 18 years;
(iii)    May surrender any interest in the contract and give a valid discharge for any benefit accruing or money payable under it;
(iv)    Is not entitled to rescind, avoid, or repudiate the contract, or any exercise of a right or privilege because of minority; and
(v)    Is not bound by any unperformed agreement to pay, by promissory note or otherwise, any premium on any insurance contract.
(2)    If an estate of a minor is being administered by a guardian, no contract is binding on the estate as to payment of premiums, unless consented to by the guardian.
(3)    Any annuity contract or policy of life or health insurance shall be made payable either to the minor or to the minor’s estate or to a person having an insurable interest in the life of the minor.
(4)    The provisions of this subsection also apply with respect to property, casualty, and surety insurance contracted for by a minor who is at least 15 years old on the minor’s own property, liabilities, or other interests.
(d)    The absence of specific mention in this subtitle of any power or right granted by law to a minor who is at least 15 years old before the enactment of this subtitle is not intended to affect the existence of the power or right.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 5 - Miscellaneous Provisions Relating to Minors › Section 13-504 - Release of Financial Institution

The receipt or acquittance of any minor who is the sole owner of or is a party to any account with the right to withdraw funds in a financial institution, as defined in § 13-301(h) of this title is a valid and sufficient release and discharge of the institution for any payment to the minor on any such account.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 6 - Financial Exploitation of Susceptible Adults and Older Adults › Section 13-602 - Purposes of Subtitle

The purposes of this subtitle are to:
(1)    Establish a separate and distinct civil cause of action by a victim, or a representative of the victim, of financial exploitation;
(2)    Provide a path to redress financial exploitation through the recovery of property and assets taken from victims while discouraging protracted litigation;
(3)    Provide access to justice for victims and their families who are otherwise unable or unwilling to retain competent legal assistance due to cost; and
(4)    Strongly deter individuals seeking to take advantage of  susceptible adults or older adults.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 6 - Financial Exploitation of Susceptible Adults and Older Adults › Section 13-603 - Subtitle Inapplicable to Actions Taken by Certain Entities

This subtitle does not apply to an act taken by:
(1)    Any state or federal bank, trust company, credit union, or savings and loan association; or
(2)    A subsidiary or affiliate of an institution described in item (1) of this section.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 6 - Financial Exploitation of Susceptible Adults and Older Adults › Section 13-604 - Actions Brought for Financial Exploitation of Susceptible Adult or Older Adult

A susceptible adult or older adult who has been subjected to financial exploitation in the State or, in accordance with § 13–605 of this subtitle, a person acting on the susceptible adult’s or older adult’s behalf may bring a cause of action against a person who has committed financial exploitation against the susceptible adult or older adult to recover damages and obtain other appropriate relief as set forth under this subtitle.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 6 - Financial Exploitation of Susceptible Adults and Older Adults › Section 13-605 - Actions Brought by Susceptible Adults or Older Adults or by Certain Individuals in Representative Capacities -- Action Additional to Other Claims and Survives Death of Aggrieved Party

(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.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 6 - Financial Exploitation of Susceptible Adults and Older Adults › Section 13-606 - Award of Damages -- Monetary Damages and Additional Appropriate Relief -- Reasonable Attorney's Fees -- Actions Brought in Bad Faith or of a Frivolous Nature

(a)    (1)    A plaintiff in an action brought under this subtitle is entitled to recover compensatory damages.
(2)    The damages awarded under this section are in addition to and cumulative with other lawful and administrative damages available to a party.
(b)    A party who brings an action under this subtitle to recover for injury or loss and is awarded compensatory damages may also seek and the court may award an amount not exceeding three times the compensatory damages and prejudgment interest.
(c)    (1)    In addition to monetary damages, a party who brings an action under this subtitle is also entitled to:
(i)    Any other appropriate relief, including emergency, preliminary or permanent injunction, rescission, restitution, accounting, unjust enrichment, declaratory relief, and constructive trust; and
(ii)    Emergency or interim injunctive relief to preserve the assets of the susceptible adult or older adult, without the requirement of a bond in the discretion of the court.
(2)    The remedies provided in this subsection are in addition to and cumulative with other legal, equitable, and administrative remedies available to a party.
(d)    The court may award reasonable attorney’s fees and expenses to any person who brings an action under this subtitle for injury or loss and is awarded damages or any other remedy.
(e)    If it appears to the satisfaction of the court, at any time, that an action is brought in bad faith or is of a frivolous nature, the court may order the offending party to pay to the other party reasonable attorney’s fees and expenses.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 6 - Financial Exploitation of Susceptible Adults and Older Adults › Section 13-607 - Time Limitation to File Action -- Criminal Prosecution Time Period Excepted

(a)    Except as provided in subsection (b) of this section, an action under this subtitle shall be commenced within 5 years after the susceptible adult or older adult, or the susceptible adult’s or older adult’s representative discovers or, through the exercise of reasonable diligence, should have discovered the facts constituting financial exploitation.
(b)    (1)    If a criminal prosecution is commenced that arises out of the same facts as an action under this subtitle, the time during which the prosecution is pending shall not be computed as part of the period within which the action under this subtitle may be brought.
(2)    After the conclusion of the criminal prosecution described under paragraph (1) of this subsection, the action under this subtitle may be brought within the later of:
(i)    The remainder of the period specified under subsection (a) of this section; or
(ii)    1 year.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 6 - Financial Exploitation of Susceptible Adults and Older Adults › Section 13-608 - Liberal Purpose and Construction in Application of Subtitle

(a)    This subtitle shall be construed and applied liberally to promote its purpose of deterring and remedying the financial exploitation of susceptible adults and older adults.
(b)    This subtitle is not intended to alter or amend the burdens of proof or presumptions required by law.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 7 - Guardian of the Person › Part I - Minors › Section 13-701 - Testamentary Appointment of Guardian of a Minor

(a)    Unless prohibited by agreement or court order, the surviving parent of a minor may appoint by will one or more guardians and successor guardians of the person of an unmarried minor.
(b)    The guardian need not be approved by or qualify in any court.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 7 - Guardian of the Person › Part I - Minors › Section 13-702 - Court Appointment of Guardian of a Minor or Representative of Minor Crime Victim

(a)    (1)    On petition by any person interested in the welfare of the minor, and after notice and hearing as prescribed by the Maryland Rules, the court may appoint a guardian of the person of an unmarried minor if the court finds, by a preponderance of the evidence, that:
(i)    The appointment is in the best interests of the minor;
(ii)    No testamentary appointment has been made; and
(iii)    1.    No parent is willing or able to serve as guardian of the person of the minor;
2.    Each parent consents to the appointment of the guardian of the person; or
3.    No parent files an objection to the appointment of the guardian of the person.
(2)    If the minor is at least 14 years old, and if the person otherwise is qualified, the court shall appoint a person designated by the minor, unless the decision is not in the best interests of the minor.
(3)    This section may not be construed to require court appointment of a guardian of the person of a minor if there is no good reason, such as a dispute, for a court appointment.
(4)    This subsection may not be construed to provide that the appointment of a guardian of the person of a minor requires the termination of any parental rights with respect to the minor under Title 5 of the Family Law Article.
(b)    (1)    Venue in proceedings under this subtitle shall be as prescribed by the Maryland Rules.
(2)    The contents of the petition and the manner of giving notice of the hearing on the petition shall be as prescribed by the Maryland Rules.
(c)    If there is no victim’s representative who can adequately assert the minor’s rights as a victim of a crime or a delinquent act and no court has appointed a guardian ad litem to protect the minor’s interests, the rights, duties, and powers that the court may order the guardian to exercise shall include serving as a victim’s representative to assert the minor’s interests.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 7 - Guardian of the Person › Part I - Minors › Section 13-703 - Bond; Accounting; Compensation

(a)    The guardian of the person of a minor may not be required to post any bond or to file any accounts.
(b)    Unless otherwise provided by the will appointing a guardian of the person, the guardian of the person may not be entitled to any compensation for serving as guardian of the person.