Md. R. Guard. & Fid. 10-207

As amended through November 13, 2024

Rule 10-207 - Resignation of Guardian of the Person and Appointment of Substituted or Successor Guardian

(a) Commencement of Action. A petition to resign may be filed in accordance with this Rule by a guardian of the person who has exercised no control over any property of the minor or disabled person or by a public guardian. The petition shall state the reasons for the resignation and may request the appointment of a substitute or successor guardian. When a guardian of the person resigns, dies, is removed, or becomes otherwise incapable of filling the position, and there is no substituted or successor guardian of the person already named, the court may, on its own initiative or on the petition filed by any interested person, appoint a substituted or successor guardian of the person.

Committee note: If the original guardian, other than a public guardian, has exercised control over any property of the minor or disabled person, resignation and appointment of a successor shall be in accordance with Rule 10-711.

(b) Venue. The petition to resign or to appoint a substituted or successor guardian shall be filed in the court that has assumed jurisdiction over the guardianship. If jurisdiction has not been assumed, the petition shall be filed pursuant to Rule 10-201(c).

(c) Notice. The petitioner shall give notice to those interested persons designated by the court by mailing to them by ordinary mail a copy of the petition and a show cause order issued pursuant to Rule 10-104.

(d) Termination of Guardian's Appointment. Resignation of a guardian does not terminate the appointment of the guardian until the court enters an order accepting the resignation.

(e) Proceedings. The court may, and upon request shall, hold a hearing and shall grant or deny the relief sought in the petition. Pending the appointment of the successor guardian, the court may appoint a temporary guardian.

(f) Other Procedures. This Rule is in addition to, and not in lieu of, any other procedure for the resignation or discharge of a guardian provided by law or by the instrument appointing the guardian.

Md. R. Guard. & Fid. 10-207

This Rule is derived as follows:

Section (a) is derived from former Rule V81 a and former Rule V82 a.

Section (b) is derived from former Rule R72 a and b.

Section (c) is derived from former Rule V81 c 1.

Section (d) is new.

Section (e) is in part derived from former Rule V78 b 5 and is in part new.

Section (f) is derived from former Rule V81 e.

Adopted June 5, 1996, eff. 1/1/1997. Amended Sept. 17, 2015, eff. 1/1/2016.

HISTORICAL NOTES

2015 Orders

The September 17, 2015, order, changed an internal reference.

Derivation:

Maryland Rule of Procedure R72, revised eff. Feb. 2, 1970, amended eff. July 1, 1974; amended Nov. 5, 1976, eff. Jan. 1, 1977, related to venue, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure V78, revised eff. Feb. 2, 1970, amended eff. July 1, 1974; amended April 6, 1984, eff. July 1, 1984, related to termination and final distribution, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure V81, revised eff. Feb. 2, 1970, related to resignation of fiduciaries, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure V82, revised eff. Feb. 2, 1970, amended eff. July 1, 1974, related to substitution of fiduciaries, rescinded June 5, 1996, eff. Jan. 1, 1997.