Rule 10-106.2 - Appointment of Investigator(a) In Connection with Petition to Establish Guardianship. The court may appoint an independent investigator in connection with a petition to establish a guardianship of the person, the property, or both of an alleged disabled person to (1) investigate specific matters relevant to whether a guardianship should be established and, if so, the suitability of one or more proposed guardians and whether there should be any limitations on the authority of the guardian and (2) report written findings to the court.(b) After Guardianship Established. The court may appoint an independent investigator after a guardianship has been established to investigate specific issues or concerns regarding the manner in which the guardianship is being administered and to report written findings to the court.(c) Selection of Investigator. If the court concludes that it is appropriate to appoint an independent investigator, it shall appoint an individual particularly qualified to perform the tasks to be assigned. If there is an issue as to abuse, neglect, or exploitation of the disabled person, the court may refer the matter to an appropriate public agency to conduct the investigation.(d) Fee. The court shall fix the fee of an appointed independent investigator, which shall be paid from the estate unless the court directs otherwise.Md. R. Guard. & Fid. 10-106.2
This Rule is new. It is derived from former Rule 10-106(c)(2016).
Adopted Oct. 10, 2017, eff. 1/1/2018. Amended Dec. 4, 2018, eff. 1/1/2019.HISTORICAL NOTES
2018 Orders
The December 4, 2018 order amended (a) to permit the appointment of an investigator in connection with a guardianship of a minor.
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