Md. R. Guard. & Fid. 10-108

As amended through November 13, 2024

Rule 10-108 - Orders

(a) Order Appointing Guardian

(1) Generally

An order appointing a guardian shall:

(A) state whether the guardianship is of the property, the person, or both;

(B) state the name, sex, and date of birth of the minor or disabled person;

(C) state the name, address, telephone number, and e-mail address, if available, of the guardian;

(D) state whether the appointment of a guardian is solely due to a physical disability, and if not, the reason for the guardianship;

(E) state (i) the amount of the guardian's bond or that a bond is waived and (ii) the date by which proof of any bond shall be filed with the court;

Cross reference: See Rule 10-702(a), requiring the bond to be filed before the guardian commences the performance of any fiduciary duties.

(F) state the date by which any annual report of the guardian shall be filed; and

Cross reference: See Rule 10-706(b).

(G) state the specific powers and duties of the guardian and any limitations on those powers or duties either expressly or by referring to the specific sections or subsections of an applicable statute containing those powers and duties; and

(H) except as to a public guardian, unless the guardian has already satisfied the requirement or the court orders otherwise, direct the guardian to complete an orientation program and training in conformance with the applicable Guidelines for Court-Appointed Guardians attached as an Appendix to the Rules in this Title.

Committee note: An example of an appointment as to which waiver of the orientation and training requirements of subsection (a)(1)(H) may be appropriate is the appointment of a temporary guardian for a limited purpose or specific transaction.

Cross reference: Code, Estates and Trusts Article, $$ 13-201 (b) and (c), 13-213, 13-214, 13-705 (b), 13-708, and 15-102 and Title 15, Subtitle 6 (Maryland Fiduciary Access to Digital Assets Act).

(2) Confidential Information

Information in the order or in papers filed by the guardian that is subject to being shielded pursuant to the Rules in Title 16, Chapter 900 shall remain confidential, but, in its order, the court may permit the guardian to disclose that information when necessary to the administration of the guardianship, subject to a requirement that the information not be further disclosed without the consent of the guardian or the court.

Committee note: Disclosure of identifying information to financial institutions and health care providers, for example, may be necessary to further the purposes of the guardianship.

Cross reference: See Rule 16-914(e) and (i) and Rule 16-915(e).

(b) Letters of Guardianship. An order appointing a guardian entered under this Rule constitutes "letters of guardianship as that term is used in Code, Estates and Trusts Article.

Cross reference: Code, Estates and Trusts Article, §§ 13-215 and 13-217, and 13-219.

(c) Orders Assuming Jurisdiction over a Fiduciary Estate Other than a Guardianship. An order assuming jurisdiction over a fiduciary estate other than a guardianship shall state whether the court has assumed full jurisdiction over the estate. If it has not assumed full jurisdiction over the estate or if jurisdiction is contrary to the provisions in the instrument, the order shall state the extent of the jurisdiction assumed. The order shall state the amount of the fiduciary's bond or that the bond is waived.

(d) Modifications. The court may modify any order of a continuing nature in a guardianship or fiduciary estate upon the petition of an interested person or on its own initiative, and after notice and opportunity for hearing.

Md. R. Guard. & Fid. 10-108

This Rule is derived as follows:

Section (a) is derived in part from Code, Estates and Trusts Article, §§ 13-208 and 13-708 and is in part new.

Section (b) is new.

Section (c) is derived from former Rules V71 f 1 and f 2.

Section (d) is derived in part from former Rule R78 b and is in part new.

Adopted June 5, 1996, eff. 1/1/1997. Amended Nov. 21, 2013, eff. 1/1/2014; 10/10/2017, eff. 1/1/2018; amended February 21, 2020, eff. 3/30/2020; amended June 29, 2020, eff. 8/1/2020; amended March 30, 2021, eff. 7/1/2021.

HISTORICAL NOTES

Derivation:

Maryland Rule of Procedure R78, revised eff. Feb. 2, 1970, related to decrees, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure V71, revised eff. Feb. 2, 1970, amended eff. July 1, 1974; amended April 6, 1984, eff. July 1, 1984, related to jurisdiction over fiduciary estates other than guardianships of minors or disabled persons, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure V77, revised eff. Feb. 2, 1970, amended June 28, 1971, eff. Sept. 1, 1971, amended eff. July 1, 1974; amended April 6, 1984, eff. July 1, 1984, related to powers of fiduciaries, rescinded June 5, 1996, eff. Jan. 1, 1997.

2013 Orders

The November 21, 2013, order, added certain information to the required contents of an order appointing a guardian.

2017 Orders

The October 10, 2017, order added the language "e-mail address, if available to subsection (a)(1)(C), added the language "date by which proof of bond shall be filed with the court to subsection (a)(1)(E), added a cross reference after subsection (1)(1)(E), added a cross reference after subsection (a)(1)(F), inn subsection (a)(1)(G), deleted language referring to the order reciting the powers and duties of the guardian, added a new section (a)(1)(H) providing that, with certain exceptions, the order shall direct a guardian other than a public guardian to complete certain orientation and training programs, added a Committee note after subsection (a)(1)(H), added to a cross reference after subsection (a)(1), added a new subsection (a)(2) pertaining to confidential information, added a cross reference after subsection (a)(2), added a Committee note after subsection (a)(2), deleted the language of section (b) providing that the court may issue letters of guardianship and added in its place language providing that an order constitutes letters of guardianship as it is used by certain Code provisions, added to the cross reference after section (b), and made stylistic changes.