Md. Code Regs. 36.02.06.16

Current through Register Vol. 51, No. 24, December 2, 2024

Section 36.02.06.16 - Claims on Behalf of a Minor

A. Definitions.

(1) In this regulation, the following terms have the meanings indicated.

(2) Terms Defined.

(a) "Adult" has the meaning stated in Estates and Trusts Article, § 13-301, Annotated Code of Maryland.

(b) "Conservator" has the meaning stated in Estates and Trusts Article, § 13-301, Annotated Code of Maryland.

(c) "Financial institution" has the meaning stated in Estates and Trusts Article, § 13-301, Annotated Code of Maryland.

(d) "Guardian" has the meaning stated in Estates and Trusts Article, § 13-101, Annotated Code of Maryland.

(e) "Member of the minor's family" has the meaning stated in Estates and Trusts Article, § 13-301, Annotated Code of Maryland.

(f) "Minor" has the meaning stated in Estates and Trusts Article, § 13-101, Annotated Code of Maryland.

B. Claims Submitted.

(1) If a winning ticket owner is a minor, a guardian, conservator, parent, adult member of the minor's family, or other proper representative shall complete the claim form for the minor.

(2) If the Director determines that the person who completed the claim form on behalf of the minor who is a winner is not the proper person to claim the prize on the minor's behalf, the Director may:

(a) Require a person who the Director determines is a proper person to claim the minor's prize on the minor's behalf to complete a new claim form; and

(b) Determine the appropriate information to be included on the claim form to protect the Agency and the public interest.

(3) If the individual entitled to a prize is a minor and the prize is $5,000 or less, the Director may pay the prize by a check or draft made payable to the order of the minor and delivered to:

(a) An adult member of the minor's family; or

(b) A conservator or guardian of the minor's property.

(4) If the individual entitled to a prize is a minor and the prize is more than $5,000, the Director may pay the prize by depositing the amount of the prize in any financial institution to the credit of either of the following as custodian for the minor:

(a) An adult member of the minor's family; or

(b) A conservator or guardian of the minor's property.

(5) The Director may petition a court of competent jurisdiction to request a determination for the payment of any prize that is, or may become, due to a minor.

(6) If a court of competent jurisdiction orders that payments due and to become due from the Agency to a minor be paid directly to a specified person, the Agency shall pay the prize according to the order of that court.

Md. Code Regs. 36.02.06.16

Effective date: 40:9 Md. R. 790, eff.5/13/2013 ; recodified from .15 effective 46:24 Md. R. 1104, eff. 12/2/2019