reglab/statecodes huggingface dataset:
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 II - Disabled Persons › Section 13-704 - Authority of Court

(a)    The court may:
(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.
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 II - Disabled Persons › Section 13-706 - Effect of Adjudication of Disability and Appointment of Guardian

(a)    An adjudication of a disability for purposes of appointing a guardian of a person may not be the basis for commitment of the disabled person to a mental institution.
(b)    Appointment of a guardian of the person:
(1)    Is not evidence of incompetency of the disabled person; and
(2)    Does not modify any civil right of the disabled person unless the court orders, including any civil service ranking, appointment, the right to apply for voluntary admission to a facility under § 10–611 of the Health – General Article, and rights relating to licensure, permit, privilege, or benefit under any 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 II - Disabled Persons › Section 13-710 - Immunity From Civil Liability or Criminal Penalty

(a)    Any person filing a petition, participating in the making of a good–faith report, or participating in an investigation or in a judicial proceeding resulting therefrom, pursuant to § 13–705 or § 13–709 of this subtitle or Title 14, Subtitle 3 of the Family Law Article, shall have the immunity from civil liability or criminal penalty described under § 5–618(a) of the Courts and Judicial Proceedings Article.
(b)    A law enforcement officer who transports an adult to an appropriate medical facility under § 13–709 of this subtitle shall have the immunity from civil or criminal liability described under § 5–618(b) of the Courts and Judicial Proceedings Article.
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 III - Life-Sustaining Procedures › Section 13-712 - Substituted Judgment; Evidence

(a)    The court may approve a request for the withholding or withdrawal of a life-sustaining procedure from a disabled person on the basis of a substituted judgment.
(b)    The court may make a substituted judgment under subsection (a) of this section only on the basis of clear and convincing evidence that the disabled person would, if competent, decide to withhold or withdraw a life-sustaining procedure under the circumstances.
(c)    Evidence of the intentions or wishes of the disabled person regarding the withholding or withdrawal of a life-sustaining procedure that might otherwise be inadmissible may be admitted, in the discretion of the court, if it is:
(1)    Material and probative; and
(2)    The best evidence available.
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 III - Life-Sustaining Procedures › Section 13-713 - Best Interest of a Disabled Person

(a)    If the court is unable to make a substituted judgment under § 13-712 of this subtitle, the court may approve a request for the withholding or withdrawal of a life-sustaining procedure from the disabled person if the court determines, on the basis of clear and convincing evidence, that the withholding or withdrawal is in the best interest of the disabled person.
(b)    The decision of whether life-sustaining procedures should be provided, withheld, or withdrawn shall not be based, in whole or in part, on either a patient’s preexisting, long-term mental or physical disability, or a patient’s economic disadvantage.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 8 - Guardianship of Veterans › Section 13-801 - Administrator of Veterans Affairs as Interested Person

(a)    The Secretary of Veterans Affairs shall be an interested person in:
(1)    Any proceeding for the appointment, removal, or discharge of any guardian who is receiving or expects to receive any money from the U.S. Department of Veterans Affairs for a minor or disabled person who is a U.S. Department of Veterans Affairs beneficiary; and
(2)    Any suit or other proceeding affecting in any manner the administration by the guardian of the estate of any present or former beneficiary which includes assets derived in whole or in part from benefits paid by the U.S. Department of Veterans Affairs to the guardian or the guardian’s predecessor for the beneficiary.
(b)    Notice of a suit or proceeding shall be given to the office of the U.S. Department of Veterans Affairs having jurisdiction over the area in which the suit or proceeding is pending at least 15 days before any hearing unless notice is waived in writing.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 8 - Guardianship of Veterans › Section 13-802 - Evidence of Necessity for Appointment

If a petition is filed for the appointment of a guardian for a minor who is a U.S. Department of Veterans Affairs beneficiary, a certificate of the Secretary or the Secretary’s authorized representative, setting forth the age of the minor as shown by the records of the U.S. Department of Veterans Affairs and the fact that appointment of a guardian is a condition precedent to the payment of any money due the minor from the U.S. Department of Veterans Affairs shall be prima facie evidence of the necessity for the appointment.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 8 - Guardianship of Veterans › Section 13-803 - Bond of Guardian

(a)    The court, on the request of the U.S. Department of Veterans Affairs, shall require a guardian, other than a corporate guardian, to furnish a bond, preferably a corporate surety bond with sureties approved by the court, conditioned on faithful discharge of all duties of the guardianship according to law, if:
(1)    The U.S. Department of Veterans Affairs is paying or planning to pay benefits to a person to be protected because of a legal disability; or
(2)    A person to be protected because of a legal disability has an estate that includes assets derived in whole or in part from benefits paid by the U.S. Department of Veterans Affairs to the guardian or the guardian’s predecessor for the benefit of the person.
(b)    (1)    The amount of the bond may not be less than the estate derived from U.S. Department of Veterans Affairs benefits paid to the guardian or the guardian’s predecessor and anticipated income of the beneficiary from the U.S. Department of Veterans Affairs during the ensuing year, less the value of securities or money deposited with an insured 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 powers to sell or convey without court authorization.
(2)    The court for good cause shown may require the amount of the bond to be changed.
(3)    Bond premiums shall be charged against the estate of the beneficiary.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 8 - Guardianship of Veterans › Section 13-805 - Investments

(a)    Every guardian of a U.S. Department of Veterans Affairs beneficiary shall invest the surplus funds of the estate of the beneficiary derived from U.S. Department of Veterans Affairs benefits paid to the guardian or the guardian’s predecessor for the beneficiary in securities or property authorized under the laws of this State but only upon prior order of the court.
(b)    Notwithstanding subsection (a) of this section, the funds may be invested, without prior court authorization, in:
(1)    Direct unconditional interest–bearing obligations of this State or of the United States;
(2)    Banks and savings and loan associations whose deposits are federally insured;
(3)    Obligations the interest and principal of which are unconditionally guaranteed by the United States; or
(4)    Securities of, or other interests in, any no–load open–end management type investment company or investment trust registered under the provisions of the federal Investment Company Act of 1940, 15 U.S.C. § 80a–1, et seq., if:
(i)    The portfolio of the no–load open–end management type investment company or investment trust is limited to obligations of the United States government and to repurchase agreements fully collateralized by United States government obligations;
(ii)    The no–load open–end management type investment company or investment trust takes delivery of that collateral, either directly or through an authorized custodian; and
(iii)    The no–load open–end management type investment company or investment trust does not impose a contingent deferred sales charge or distribution charge.
(c)    A signed duplicate or certified copy of the petition for authority to invest shall be furnished the proper office of the U.S. Department of Veterans Affairs, and notice of hearing upon it shall be given the office.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 8 - Guardianship of Veterans › Section 13-806 - Limitation Upon Compensation

No commission or compensation may be allowed a guardian of a U.S. Department of Veterans Affairs beneficiary on the money or other assets received from a prior fiduciary nor on the amount received from liquidation of loans or other investments if the money, assets, loans or investments were derived in whole or in part from benefits paid by the U.S. Department of Veterans Affairs to the guardian or the guardian’s predecessor for the beneficiary.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 9 - Standby Guardian › Section 13-901 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Adverse immigration action” includes:
(1)    Arrest or apprehension by a law enforcement officer for an alleged violation of federal immigration law;
(2)    Detention or custody by the Department of Homeland Security or a federal, State, or local agency authorized or acting on behalf of the Department of Homeland Security;
(3)    Departure from the United States under an order of removal, deportation, exclusion, voluntary departure, or expedited removal, or a stipulation of voluntary departure;
(4)    The denial, revocation, or delay of the issuance of a visa or transportation letter by the Department of State;
(5)    The denial, revocation, or delay of the issuance of a parole document or reentry permit by the Department of Homeland Security; or
(6)    The denial of admission or entry into the United States by the Department of Homeland Security.
(c)    (1)    “Attending physician” means a physician who has primary responsibility for the treatment and care of a parent described under this subtitle.
(2)    If more than one physician shares the responsibility for the treatment and care of a parent or if another physician is acting on the attending physician’s behalf, any physician described in this paragraph may act as the attending physician under this subtitle.
(3)    If no physician has responsibility for the treatment and care of a parent, any physician who is familiar with the parent’s medical condition may act as the attending physician under this subtitle.
(d)    (1)    “Debilitation” means a person’s chronic and substantial inability, as a result of a physically incapacitating illness, disease, or injury, to care for the person’s dependent minor child.
(2)    “Debilitated” means the state of having a debilitation.
(e)    (1)    “Incapacity” means a person’s chronic and substantial inability, as a result of mental impairment, to understand the nature and consequences of decisions concerning the care of the person’s dependent minor child, and a consequent inability to care for the child.
(2)    “Incapacitated” means the state of having an incapacity.
(f)    “Standby guardian” means a person:
(1)    Appointed by a court under § 13–903 of this subtitle as standby guardian of the person or property of a minor, whose authority becomes effective on the incapacity or death of the minor’s parent, or on the consent of the parent; or
(2)    Designated under § 13–904 of this subtitle as standby guardian of the person or property of a minor, whose authority becomes effective on the incapacity of the minor’s parent, on the debilitation and consent of the parent, or in the event of an adverse immigration action against the parent and the consent of the parent.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 9 - Standby Guardian › Section 13-905 - Additional Methods for Filing for Appointment

A standby guardian may also file a petition for appointment as guardian in any other manner permitted by this title, on notice to the parent, and may append a designation of a standby guardian to the petition for consideration by the court in the determination of the petition.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 9 - Standby Guardian › Section 13-906 - Determination of Incapacity or Debilitation

(a)    (1)    A determination of incapacity or debilitation under this subtitle shall:
(i)    Be made by the attending physician to a reasonable degree of medical certainty;
(ii)    Be in writing; and
(iii)    Contain the attending physician’s opinion regarding the cause and nature of the parent’s incapacity or debilitation, and the extent and probable duration of the incapacity or debilitation.
(2)    If a standby guardian’s identity is known to an attending physician, the attending physician shall provide a copy of a determination of incapacity or debilitation to the standby guardian.
(b)    If requested by a standby guardian, an attending physician shall make a determination regarding the parent’s incapacity or debilitation for purposes of this subtitle.
(c)    If the parent is able to comprehend the information, a standby guardian shall inform the parent of:
(1)    The beginning of the standby guardian’s authority as a result of a determination of incapacity; and
(2)    The parent’s right to revoke the authority promptly after receipt of the determination of incapacity.
2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 9 - Standby Guardian › Section 13-907 - Parental Rights; Limitation on Authority of Standby Guardian

(a)    A standby guardian’s authority under this subtitle may not, itself, divest a parent of any parental or guardianship rights.
(b)    The authority of a standby guardian with respect to the minor is limited to the express authority granted to the standby guardian by a court under this subtitle.
(c)    The appointment of a standby guardian of a minor under this subtitle may not be construed to require the termination of parental rights with respect to the minor under Title 5 of the Family Law Article.
2023 Maryland Statutes › Estates and Trusts › Title 13.5 - Maryland Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Subtitle 1 - General Provisions › Section 13.5-102 - Foreign Countries

(a)    Subject to subsection (b) of this section, a court of this State may treat a foreign country as if the country were a state for the purpose of applying Subtitles 1, 2, 3, and 5 of this title.
(b)    Unless a court of this State finds by a preponderance of the evidence that a foreign country applies and follows substantive and procedural due process consistent with the practices and policies of the State of Maryland, the court:
(1)    May not request a court in the foreign country to issue an order or hold a hearing;
(2)    May not decline to exercise jurisdiction if, by declining jurisdiction in this State, a court in the foreign country may obtain jurisdiction;
(3)    May not dismiss or stay a proceeding in this State requested or ordered by a court in the foreign country;
(4)    May not determine that a court in the foreign country is an appropriate forum;
(5)    May decline to comply with notice requirements of the foreign country or this title;
(6)    May proceed with the case if this State is otherwise an appropriate forum;
(7)    May not issue an order or provisional order to transfer a guardianship or conservatorship to the foreign country; and
(8)    May not recognize under any provision of law a guardianship or conservatorship order from the foreign country.
2023 Maryland Statutes › Estates and Trusts › Title 13.5 - Maryland Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Subtitle 1 - General Provisions › Section 13.5-103 - Communications Between Maryland Court and Court of Another State

(a)    (1)    A court of this State may communicate with a court in another state concerning a proceeding arising under this title.
(2)    The court may allow the parties to participate in a communication described in paragraph (1) of this subsection.
(3)    (i)    Except as otherwise provided in subsection (b) of this section, the court shall make a record of the communication.
(ii)    A record described in this paragraph may be limited to the fact that the communication occurred.
(b)    A court communicating with a court in another state under this section may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
2023 Maryland Statutes › Estates and Trusts › Title 13.5 - Maryland Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Subtitle 1 - General Provisions › Section 13.5-104 - Interstate Proceedings

(a)    In a guardianship or protective proceeding in this State, a court of this State may request the appropriate court of another state to:
(1)    Hold an evidentiary hearing;
(2)    Order a person in the other state to produce or give evidence in accordance with procedures of that state;
(3)    Order that an evaluation or assessment be made of the respondent, or order an appropriate investigation of a person involved in a proceeding;
(4)    Forward to the court of this State a certified copy of the transcript or other record of a hearing under item (1) of this subsection or any other proceeding, evidence otherwise presented under item (2) of this subsection, and any evaluation or assessment prepared in compliance with a request under item (3) of this subsection;
(5)    Issue any other order necessary to ensure the appearance of a person necessary to make a determination, including the respondent or the incapacitated or protected person; and
(6)    Issue an order authorizing the release of medical, financial, criminal, or other relevant information in the other state, including protected health information as defined in 45 C.F.R. § 164.504.
(b)    If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a) of this section, a court of this State has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
2023 Maryland Statutes › Estates and Trusts › Title 13.5 - Maryland Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Subtitle 1 - General Provisions › Section 13.5-105 - Witnesses

(a)    (1)    In a guardianship proceeding or protective proceeding, in addition to other procedures that may be available, testimony of witnesses who are located in another state may be offered by deposition or other means allowable in this State for testimony taken in the other state.
(2)    The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms on which the testimony is to be taken.
(b)    (1)    In a guardianship proceeding or protective proceeding, a court in this State may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means.
(2)    A court of this State shall cooperate with courts of other states in designating an appropriate location for a deposition or testimony in a guardianship proceeding or protective proceeding under this section.
2023 Maryland Statutes › Estates and Trusts › Title 13.5 - Maryland Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Subtitle 2 - Jurisdiction › Section 13.5-201 - In General

A court of this State has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
(1)    This State is the home state of the respondent;
(2)    On the date the petition is filed, this State is a significant–connection state and:
(i)    The respondent does not have a home state or a court of the home state of the respondent has declined to exercise jurisdiction because this State is a more appropriate forum; or
(ii)    The respondent has a home state, a petition for the appointment of a guardian or protective order is not pending in a court of that state or another significant–connection state, and, before the court makes the appointment or issues the order:
1.    A petition for an appointment or order is not filed in the home state of the respondent;
2.    An objection to the jurisdiction of the court is not filed by a person required to be notified of the proceeding; and
3.    The court concludes that the court is an appropriate forum under the factors set forth in § 13.5–204 of this subtitle;
(3)    (i)    This State does not have jurisdiction under item (1) or (2) of this subsection; and
(ii)    The home state of the respondent and all significant–connection states have declined to exercise jurisdiction because:
1.    This State is the more appropriate forum; and
2.    Jurisdiction in this State is consistent with the constitutions of this State and the United States; or
(4)    The requirements for special jurisdiction under § 13.5–202 of this subtitle are met.
2023 Maryland Statutes › Estates and Trusts › Title 13.5 - Maryland Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Subtitle 2 - Jurisdiction › Section 13.5-202 - Powers of Court Lacking Jurisdiction

(a)    A court of this State lacking jurisdiction under § 13.5–201 of this subtitle has special jurisdiction to do any of the following:
(1)    Appoint a guardian in an emergency in accordance with § 13–709 of this article for a term not exceeding 60 days for a respondent who is physically located in this State;
(2)    Issue a protective order with respect to real or tangible personal property located in this State; and
(3)    Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued as provided in § 13.5–301 of this title.
(b)    If a petition for the appointment of a guardian in an emergency is brought in this State in accordance with § 13–709 of this article and this State was not the home state of the respondent on the date the petition was filed, the court shall dismiss the proceeding at the request of the court in the other state, if any, whether dismissal is requested before or after the emergency appointment.�
2023 Maryland Statutes › Estates and Trusts › Title 13.5 - Maryland Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Subtitle 2 - Jurisdiction › Section 13.5-203 - Exclusive and Continuing Jurisdiction

Except as otherwise provided in § 13.5–202 of this subtitle, a court that has appointed a guardian or issued a protective order consistent with this title has exclusive and continuing jurisdiction over the proceeding until the proceeding is terminated by the court or the appointment or order expires by the terms of the appointment or order.
2023 Maryland Statutes › Estates and Trusts › Title 13.5 - Maryland Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Subtitle 2 - Jurisdiction › Section 13.5-204 - Jurisdiction Declined -- in General

(a)    A court of this State having jurisdiction under § 13.5–201 of this subtitle to appoint a guardian or issue a protective order may decline to exercise jurisdiction if the court determines at any time that a court of another state is a more appropriate forum.
(b)    (1)    If a court of this State declines jurisdiction over a guardianship proceeding or protective proceeding under subsection (a) of this section, the court shall either dismiss the proceeding or stay the proceeding.
(2)    A court under paragraph (1) of this subsection may impose any other condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or protective order be promptly filed in another state.
(c)    In determining whether the court is an appropriate forum, a court shall consider all relevant factors, including:
(1)    An expressed preference of the respondent;
(2)    Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(3)    The length of time the respondent was physically located in or was a legal resident of this State or another state;
(4)    The distance of the respondent from the court in each state;
(5)    The financial circumstances of the estate of the respondent;
(6)    The nature and location of the evidence;
(7)    The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8)    The familiarity of the court of each state with the facts and issues in the proceeding; and
(9)    If an appointment were made, the ability of the court to monitor the conduct of the guardian or conservator.
2023 Maryland Statutes › Estates and Trusts › Title 13.5 - Maryland Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Subtitle 2 - Jurisdiction › Section 13.5-205 - Jurisdiction Declined -- Unjustifiable Conduct

(a)    If at any time a court of this State determines that the court acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(1)    Decline to exercise jurisdiction;
(2)    Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the property of the respondent or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or protective order is filed in a court of another state having jurisdiction; or
(3)    Continue to exercise jurisdiction after considering:
(i)    The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the jurisdiction of the court;
(ii)    Whether the court is a more appropriate forum than the court of any other state under the factors set forth in § 13.5–204(c) of this subtitle; and
(iii)    Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of § 13.5–201 of this subtitle.
(b)    (1)    If a court of this State determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke the jurisdiction of the court engaged in unjustifiable conduct, the court may assess against that party necessary and reasonable expenses, including attorney’s fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses.
(2)    The court may not assess fees, costs, or expenses of any kind against this State or a governmental subdivision, agency, or instrumentality of this State unless authorized by law other than this title.
2023 Maryland Statutes › Estates and Trusts › Title 13.5 - Maryland Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Subtitle 2 - Jurisdiction › Section 13.5-206 - Notice Requirements

(a)    If a petition for the appointment of a guardian or issuance of a protective order is brought in this State and this State is not the home state of the respondent on the date the petition is filed, in addition to complying with the notice requirements of this State, notice of the petition shall be given by the petitioner to those persons who would be entitled to notice of the petition if the proceeding were brought in the home state of the respondent.
(b)    The notice described in subsection (a) of this section shall be given in the same manner as notice is given in this State.
2023 Maryland Statutes › Estates and Trusts › Title 13.5 - Maryland Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Subtitle 2 - Jurisdiction › Section 13.5-207 - Procedure When Petitions Filed in More Than One State

Except for a petition for the appointment of a guardian in an emergency or a protective order limited to property located in this State as provided in § 13.5–202 of this subtitle, if a petition for the appointment of a guardian or protective order is filed in this State and another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1)    If the court in this State has jurisdiction under § 13.5–201 of this subtitle, the court may proceed with the case unless a court in another state acquires jurisdiction under § 13.5–201 of this subtitle before the appointment or issuance of the order; or
(2)    (i)    If the court in this State does not have jurisdiction under § 13.5–201 of this subtitle, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state; and
(ii)    If the court in the other state does not determine that the court in this State is a more appropriate forum, the court in this State shall dismiss the petition.
2023 Maryland Statutes › Estates and Trusts › Title 13.5 - Maryland Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Subtitle 3 - Transfer of Guardianship or Conservatorship to Another State › Section 13.5-301 - Procedure to Transfer Guardianship or Conservatorship to Another State

(a)    Following the appointment of a guardian or conservator, the guardian or conservator may petition the court to transfer the guardianship or conservatorship to another state.
(b)    Notice of a petition to transfer a guardianship or conservatorship under subsection (a) of this section shall be given by the petitioner to those persons that would be entitled to notice of a petition in this State for the appointment of a guardian or conservator.
(c)    On the motion of the court or on request of the incapacitated person or protected person, or another interested person, a court shall hold a hearing on a petition filed in accordance with subsection (a) of this section.
(d)    The court shall issue a provisional order granting a petition to transfer a guardianship if the court finds that:
(1)    The incapacitated person is physically located in or is reasonably expected to move permanently to the other state;
(2)    An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person;
(3)    The court is satisfied that plans for care and services for the incapacitated person in the other state are reasonable and sufficient; and
(4)    The court is satisfied that the guardianship will be accepted by the court to which the proceeding will be transferred.
(e)    The court shall issue a provisional order granting a petition to transfer a conservatorship if the court finds that:
(1)    The protected person is physically located in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state, considering the factors set forth in § 13.5–101(o) of this title;
(2)    An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person;
(3)    The court is satisfied that adequate arrangements will be made for management of the property of the protected person; and
(4)    The court is satisfied that the conservatorship will be accepted by the court to which the proceeding will be transferred.
2023 Maryland Statutes › Estates and Trusts › Title 13.5 - Maryland Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Subtitle 3 - Transfer of Guardianship or Conservatorship to Another State › Section 13.5-302 - Procedure to Transfer Conservatorship or Guardianship to Maryland

(a)    (1)    On issuance of a provisional order in another state to transfer a guardianship or conservatorship to this State under procedures similar to those in § 13.5–301 of this subtitle, the guardian or conservator shall petition the court in this State to accept the guardianship or conservatorship.
(2)    The petition described in paragraph (1) of this subsection shall include a certified copy of the provisional order of the other state.
(b)    (1)    Notice of a petition under subsection (a) of this section to accept a guardianship or conservatorship from another state shall be given by the petitioner to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this State.
(2)    The notice described in paragraph (1) of this subsection shall be given in the same manner as notice is given in this State.
(c)    On the motion of the court or on request of the incapacitated person or protected person, or another interested person, a court shall hold a hearing on a petition filed in accordance with subsection (a) of this section to accept a guardianship or conservatorship from another state.
(d)    The court shall issue a provisional order approving a petition filed under subsection (a) of this section unless an objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated person or protected person.
(e)    In approving a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacity of the incapacitated person or protected person and the appointment of the guardian or conservator, if the guardian or conservator is eligible to act in this State.
(f)    The denial of a petition filed under subsection (a) of this section to accept a guardianship or conservatorship from another state does not affect the ability of a guardian or conservator appointed by a court in another state to seek appointment as guardian of the person or property of the disabled person under Title 13 of this article.
2023 Maryland Statutes › Estates and Trusts › Title 13.5 - Maryland Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Subtitle 4 - Registration and Recognition of Orders From Other States › Section 13.5-401 - Registration of Out-of-State Guardian

If a guardian has not been appointed in this State and a petition for the appointment of a guardian is not pending in this State, a guardian appointed in another state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this State by filing, as a foreign judgment in a court in any appropriate county of this State, certified copies of the order and letters of office.
2023 Maryland Statutes › Estates and Trusts › Title 13.5 - Maryland Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Subtitle 4 - Registration and Recognition of Orders From Other States › Section 13.5-402 - Registration of Out-of-State Conservator

If a conservator has not been appointed in this State and a petition for a protective order is not pending in this State, a conservator appointed in another state, after giving notice to the appointing court of an intent to register, may register the protective order in this State by filing as a foreign judgment in a court of this State, in any county in which property belonging to the protected person is located, certified copies of the order, and letters of office and of any bond.
2023 Maryland Statutes › Estates and Trusts › Title 13.5 - Maryland Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Subtitle 4 - Registration and Recognition of Orders From Other States › Section 13.5-403 - Effect of Registration

(a)    On registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this State all powers authorized in the order of appointment except as prohibited under the laws of this State, including maintaining actions and proceedings in this State and, if the guardian or conservator is not a resident of this State, subject to any conditions imposed on nonresident parties.
(b)    A court of this State may grant any relief available under this title and other law of this State to enforce a registered order.
2023 Maryland Statutes › Estates and Trusts › Title 13.5 - Maryland Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Subtitle 5 - Miscellaneous Provisions › Section 13.5-501 - Application and Construction of Title

In applying and construing this title, which is a uniform act, consideration shall be given to the need to promote uniformity of the law with respect to the subject matter of the law among the states that enact the law.
2023 Maryland Statutes › Estates and Trusts › Title 13.5 - Maryland Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Subtitle 5 - Miscellaneous Provisions › Section 13.5-502 - Construction With Federal Law

This title modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, 15 U.S.C. § 7001, or authorize electronic delivery of the notices described in § 103(b) of that act, 15 U.S.C. § 7003(b).
2023 Maryland Statutes › Estates and Trusts › Title 14 - Trusts › Subtitle 3 - Charitable Trusts › Section 14-301 - General Enforcement

(a)    Courts of equity have full jurisdiction to enforce trusts for charitable purposes upon suit of the State by the Attorney General or suit of any person having an interest in enforcement of the trust.
(b)    “Charitable purposes” includes all purposes within either the spirit or letter of the statute of 43 Elizabeth ch. 4 (1601), commonly known as the statute of charitable uses.
(c)    A charitable trust shall not be held invalid or unenforceable merely because the beneficiaries of the trust constitute an indefinite class.
2023 Maryland Statutes › Estates and Trusts › Title 14 - Trusts › Subtitle 3 - Charitable Trusts › Section 14-302 - Maryland Uniform Charitable Trusts Administration Act

(a)    A court of equity, on application of any trustee, or any interested person, or the Attorney General of the State, may order an administration of a trust, devise or bequest as nearly as possible to fulfill the general charitable intention of the settlor or testator:
(1)    (i)    If the trust for charity is or becomes illegal or impossible or impracticable of enforcement; or
(ii)    If the devise or bequest for charity, at the time it was intended to become effective, is illegal or impossible or impracticable of enforcement; and
(2)    If the settlor or testator manifested a general intention to devote the property to charity.
(b)    This section shall be interpreted and construed to effectuate its general purpose to make uniform the law of those states which enact it.
(c)    This section may be cited as the Maryland Uniform Charitable Trusts Administration Act.
2023 Maryland Statutes › Estates and Trusts › Title 14 - Trusts › Subtitle 3 - Charitable Trusts › Section 14-303 - Prohibited Acts

(a)    In the administration of any trust which is a “private foundation,” as defined in § 509 of the Internal Revenue Code, a “charitable trust,” as defined in § 4947(a)(1) of the Internal Revenue Code, or a “split–interest trust,” as defined in § 4947(a)(2) of the Internal Revenue Code, the acts specified in this section are prohibited.
(b)    It is unlawful to engage in any act of “self–dealing,” as defined in § 4941(d) of the Internal Revenue Code, which would cause any tax liability under § 4941(a) of the Internal Revenue Code.
(c)    It is unlawful to retain any “excess business holdings,” as defined in § 4943(c) of the Internal Revenue Code, which would cause any tax liability under § 4943(a) of the Internal Revenue Code.
(d)    It is unlawful to make any investment which would jeopardize the carrying out of any exempt purposes under § 4944 of the Internal Revenue Code and cause any tax liability under § 4944(a) of the Internal Revenue Code.
(e)    It is unlawful to make any “taxable expenditures,” as defined in § 4945(d) of the Internal Revenue Code, which would cause any tax liability under § 4945(a) of the Internal Revenue Code.
(f)    This section does not apply to any part of a split–interest trust which is not subject to the prohibitions applicable to private foundations because of the provisions of § 4947 of the Internal Revenue Code.
2023 Maryland Statutes › Estates and Trusts › Title 14 - Trusts › Subtitle 3 - Charitable Trusts › Section 14-304 - Amendment of Instrument to Conform to Internal Revenue Code

(a)    Notwithstanding any provisions to the contrary in the governing instrument, the trustee or trustees of any charitable remainder trust created after July 31, 1969, with the consent of each beneficiary named in the governing instrument, without application to any court, may amend the governing instrument to conform to the provision of § 664 of the Internal Revenue Code by executing a written amendment to the trust for the purpose.
(b)    Consent is not required as to individual named beneficiaries not living at the time of amendment.
(c)    In the case of an individual beneficiary not competent to give consent, the consent of a guardian, appointed by a court of competent jurisdiction, shall be treated as consent of the beneficiary.
(d)    In the case of any amendment to a trust created by will, the amendment, if provided in the amendment, may be considered to apply as of the date of death of the testator.
2023 Maryland Statutes › Estates and Trusts › Title 14 - Trusts › Subtitle 3 - Charitable Trusts › Section 14-305 - Distributions

In the administration of any trust which is a “private foundation” as defined in § 509 of the Internal Revenue Code, or which is a “charitable trust” as defined in § 4947(a)(1) of the Internal Revenue Code, there shall be distributed, for the purposes specified in the trust instrument, for each taxable year, amounts at least sufficient to avoid liability for the tax imposed by § 4942(a) of the Internal Revenue Code.
2023 Maryland Statutes › Estates and Trusts › Title 14 - Trusts › Subtitle 3 - Charitable Trusts › Section 14-306 - Judicial Determination Concerning Application of 14-303 and 14-305

The provisions of §§ 14-303 and 14-305 of this subtitle do not apply to any trust to the extent that a court of competent jurisdiction determines that the application would be contrary to the terms of the instrument governing the trust and that it may not be changed properly to conform to these sections.
2023 Maryland Statutes › Estates and Trusts › Title 14 - Trusts › Subtitle 4 - Maryland Discretionary Trust Act › Section 14-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Adult” means an individual who is at least 18 years of age.
(c)    “Beneficiary” means an individual for whose present benefit property is held by a trustee in accordance with this subtitle.
(d)    “Conservator” means a person appointed or qualified by a court to act as general, limited, or temporary guardian of an individual’s property or a person legally authorized to perform substantially the same functions.
(e)    “Court” means the circuit courts of the State of Maryland.
(f)    “Declarant” means a transferor who creates a trust under this subtitle and serves as the trustee.
(g)    “Guardian” means a person appointed or qualified by a court as a guardian of the person of an individual, including a limited guardian, but not a person who is only a guardian ad litem.
(h)    “Legal representative” means a personal representative, conservator, or an attorney in fact under a durable power of attorney.
(i)    “Member of the beneficiary’s family” means a beneficiary’s spouse, descendant, stepchild, parent, stepparent, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
(j)    “Person” means an adult, corporation, organization, or any other legal entity.
(k)    “Personal representative” means an executor, administrator, or special administrator of a decedent’s estate, a person legally authorized to perform substantially the same functions, or a successor to any of them.
(l)    “State” means the United States of America, a state or subdivision thereof, a territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
(m)    (1)    “Transferor” means a person who creates a trust by transfer or declaration under this subtitle.
(2)    “Transferor” does not include a person, other than the person who created the trust, who augments an existing trust.
(n)    (1)    “Trust” means a trust created under this subtitle.
(2)    “Trust” does not include a trust created by the transferor for the benefit of the transferor.
(o)    “Trust property” means any property, income, or proceeds resulting from the investment of property held in trust under this subtitle.
(p)    “Trustee” means a person authorized by law to act as trustee who is designated as trustee of a trust under this subtitle or successor to the person designated.