Md. Code, Estates and Trusts, Title 13.5

Md. Code, Estates and Trusts, Title 13.5
in effect

Md. Code, Estates and Trusts § 13.5-101

§13.5–101. (a) In this title the following words have the meanings indicated. (b) “Conservator” means a person appointed by a court to administer the property of an adult, including a person appointed as guardian under Title 13, Subtitle 2 of this article to manage the property of a disabled person. (c) “Emergency” means a circumstance that likely will result in a substantial harm to the health, safety, or welfare of a respondent, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on behalf of the respondent. (d) “Guardian” means a person appointed by a court to make decisions regarding the person of an adult, including a person appointed under Title 13, Subtitle 7 of this article. (e) “Guardianship order” means an order appointing a guardian. (f) “Guardianship proceeding” means a proceeding in which an order for the appointment of a guardian is sought or has been issued. (g) “Home state” means the state in which the respondent was physically present for at least 6 consecutive months, including a period of temporary absence, immediately before the filing of a petition for the appointment of a guardian or protective order. (h) “Incapacitated person” means an adult for whom a guardian has been appointed, including a “disabled person” as defined in § 13–101 of this article. (i) “Party” means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding. (j) “Protected person” means an adult for whom a protective order has been made. (k) “Protective order” means an order appointing a conservator or a guardian of the property in accordance with Title 13, Subtitle 2 of this article, or another court order related to management of an adult’s property. (l) “Protective proceeding” means a judicial proceeding in which a protective order is sought or has been issued. (m) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (n) “Respondent” means an adult for whom a protective order or the appointment of a guardian is sought. (o) (1) “Significant–connection state” means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available. (2) Determination of whether a respondent has a significant connection with a particular state shall include consideration of the following factors: (i) The location of the family of the respondent and others required to be notified of the guardianship or protective proceeding; (ii) The length of time the respondent at any time was physically present in the state and the duration of any absences; (iii) The location of the respondent’s property; and (iv) The extent to which the respondent has other ties to the state such as voting registration, filing of state or local tax returns, vehicle registration, driver’s license, social relationships, and receipt of services.� (p) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.

Md. Code, Estates and Trusts § 13.5-102

§13.5–102. (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.

Md. Code, Estates and Trusts § 13.5-103

§13.5–103. (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.

Md. Code, Estates and Trusts § 13.5-104

§13.5–104. (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.

Md. Code, Estates and Trusts § 13.5-105

§13.5–105. (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.

Md. Code, Estates and Trusts § 13.5-201

§13.5–201. 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.

Md. Code, Estates and Trusts § 13.5-202

§13.5–202. (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.�

Md. Code, Estates and Trusts § 13.5-203

§13.5–203. 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.

Md. Code, Estates and Trusts § 13.5-204

§13.5–204. (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.

Md. Code, Estates and Trusts § 13.5-205

§13.5–205. (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.

Md. Code, Estates and Trusts § 13.5-206

§13.5–206. (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.

Md. Code, Estates and Trusts § 13.5-207

§13.5–207. 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.

Md. Code, Estates and Trusts § 13.5-301

§13.5–301. (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.

Md. Code, Estates and Trusts § 13.5-302

§13.5–302. (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.

Md. Code, Estates and Trusts § 13.5-401

§13.5–401. 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.

Md. Code, Estates and Trusts § 13.5-402

§13.5–402. 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.

Md. Code, Estates and Trusts § 13.5-403

§13.5–403. (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.

Md. Code, Estates and Trusts § 13.5-501

§13.5–501. 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.

Md. Code, Estates and Trusts § 13.5-502

§13.5–502. 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).
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026