Md. R. Guard. & Fid. 10-202
Cross reference: See Code, Estates and Trusts Article, § 13-705.
Cross reference: See Code, Estates and Trusts Article, § 13-702.
[CAPTION] | |
PARENT'S CONSENT TO GUARDIANSHIP OF A MINOR | |
I, __________________________________________, ? | _________________________________ |
(name of parent) | (relationship) |
of___________________________, | a minor, declare that: |
(minor's name) | |
1. I am aware of the Petition of | ________________________ |
(petitioner's name) | |
to become guardian of_______________________________________________________ | |
(minor's name) | |
2. I understand that the reason the guardianship is needed | |
is _______________________________________________________________________ | |
_______________________________________________________________________ | |
and if the need for the guardianship is expected to end before the child reaches the age of majority __________________ _______________________________________________________________________ | |
(state time frame or date it is expected to end) | |
3 I believe that it is in the best interest of__________________________________________ | |
_________________________________ | that the Petition for |
(minor's name) | |
Guardianship be granted. | |
4. I understand that I have the right to revoke my consent | |
at any time. | |
I solemnly affirm under the penalties of perjury that the contents of this document are true based on my personal knowledge. | |
Signature of Parent | Date |
______________________________ | |
______________________________ | |
Address | |
______________________________ | |
Telephone Number | |
Md. R. Guard. & Fid. 10-202
This Rule is in part derived from former Rule R73 b 1 and b 2 and is in part new.
HISTORICAL NOTES
1999 Orders
The October 5, 1999, order, throughout the rule, added the option of evaluation of a disabled person by a licensed psychologist.
2003 Orders
The November 12, 2003, order, in subsec. (a)(2), substituted "a certificate of the Administrator of that Department or an authorized representative of the Administrator stating for "a certificate of the Administrator of the Department of Veterans Affairs or a duly authorized representative setting forth the fact.
2007 Orders
The December 4, 2007, order, rewrote this Rule which previously read:
"Rule 10-202. CERTIFICATES--REQUIREMENT AND CONTENT
"(a) To be Attached to Petition.
"(1) Generally. If guardianship of the person of a disabled person is sought, the petitioner shall file with the petition signed and verified certificates of (A) two physicians licensed to practice medicine in the United States who have examined the disabled person, or (B) one licensed physician who has examined the disabled person and one licensed psychologist who has seen and evaluated the disabled person. An examination or evaluation by at least one of the health care professionals under this subsection shall occur within 21 days before the filing of a petition for guardianship of a disabled person. Each certificate shall state the name, address, and qualifications of the physician or psychologist, a brief history of the physician's or psychologist's involvement with the disabled person, the date of the physician's last examination of the disabled person or the psychologist's last evaluation of the disabled person, and the physician's or psychologist's opinion as to: (1) the cause, nature, extent, and probable duration of the disability, (2) whether the person requires institutional care, and (3) whether the person has sufficient mental capacity to understand the nature of and consent to the appointment of a guardian.
"(2) Beneficiary of the Department of Veterans Affairs. If guardianship of the person of a disabled person who is a beneficiary of the United States Department of Veterans Affairs is being sought, the petitioner shall file with the petition, in lieu of the two certificates required by subsection (1) of this section, a certificate of the Administrator of that Department or an authorized representative of the Administrator stating that the person has been rated as disabled by the Department in accordance with the laws and regulations governing the Department of Veterans Affairs. The certificate shall be prima facie evidence of the necessity for the appointment.
"Cross reference: Code, Estates and Trusts Article, § 13-705.
"(b) Delayed Filing of Certificates.
"(1) After Refusal to Permit Examination. If the petition is not accompanied by the required certificate and the petition alleges that the disabled person is residing with or under the control of a person who has refused to permit examination by a physician or evaluation by a psychologist, and that the disabled person may be at risk unless a guardian is appointed, the court shall defer issuance of a show cause order. The court shall instead issue an order requiring that the person who has refused to permit the disabled person to be examined or evaluated appear personally on a date specified in the order and show cause why the disabled person should not be examined or evaluated. The order shall be personally served on that person and on the disabled person.
"(2) Appointment of Health Care Professionals by Court. If the court finds after a hearing that examinations are necessary, it shall appoint two physicians or one physician and one psychologist to conduct the examinations or the examination and evaluation and file their reports with the court. If both health care professionals find the person to be disabled, the court shall issue a show cause order requiring the alleged disabled person to answer the petition for guardianship and shall require the petitioner to give notice pursuant to Rule 10-203. Otherwise, the petition shall be dismissed.
"Cross reference: Rule 1-341.
"Source: This Rule is in part derived from former Rule R73 b 1 and b 2 and is in part new.
2015 Orders
The September 17, 2015 order, added a new section pertaining to parental consents, added a form for parental consent, and made stylistic changes.
Derivation:
Maryland Rule of Procedure R73, revised eff. Feb. 2, 1970, amended eff. July 1, 1974; amended eff. July 3, 1980, related to petitions, rescinded June 5, 1996, eff. Jan. 1, 1997.
2017 Orders
The October 10, 2017, order updated references from "certified clinical social to "licensed certified social worker-clinical, deleted language pertaining to the contents of certain certificates, added a requirement that each certificate be substantially in the form approved by the State Court Administrator, and added certain requirement pertaining to posting and availability of forms.
2018 Orders
The December 4, 2018 order deleted subsection (a)(4) and a reference to it, and added a cross reference to Code, Estates and Trusts Article, § 13-801.
Cross reference: See Code, Estates and Trusts Article, § 13-705. Rule 1-341.