Md. R. Guard. & Fid. 10-208

As amended through November 13, 2024

Rule 10-208 - Removal for Cause or Other Sanctions

(a) On Court's Initiative. The court that has already assumed jurisdiction over the guardianship of the person may order a guardian to show cause why the guardian should not be removed or be subject to other sanctions for failure to perform the duties of that office.

(b) On Petition of Interested Persons. An interested person may file a petition to remove a guardian of the person. The petition shall be filed in the court that has assumed jurisdiction or, if jurisdiction has not been assumed, pursuant to Rule 10-201(c). The petition shall state the reasons why the guardian should be removed.

(c) Notice and Hearing. The court shall issue a show cause order pursuant to Rule 10-104 which shall set a hearing date. If no petition for removal has been filed, the show cause order shall state the grounds asserted by the court for the removal. The order and a copy of any petition shall be served on the guardian, all interested persons, and any other persons as directed by the court. The court shall conduct a hearing for the purpose of determining whether the guardian should be removed.

(d) Action by Court. If the court finds grounds for removal, it may remove the guardian and appoint a substituted or successor guardian as provided in Rule 10-207. Pending the appointment of the guardian, the court may appoint a temporary guardian.

Cross reference: As to the grounds for the removal of a fiduciary, see Code, Estates and Trusts Article, § 15-112.

(e) Other Sanctions. In addition to or in lieu of removal, the Court may require the guardian to perform any neglected duties and may impose any other appropriate sanctions.

Md. R. Guard. & Fid. 10-208

This Rule is derived as follows:

Section (a) is in part derived from former Rules V84 d and V74 e 1(a) and is in part new.

Section (b) is in part derived from former Rule V84 d 1 and d 2 and in part from former Rule R72 a and b.

Section (c) is in part derived from former Rules V74 e 1(a) and V84 e, and is in part new.

Section (d) is new.

Section (e) is in part derived from former Rule V74 e 2 and is in part new.

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 V74, revised eff. Feb. 2, 1970, amended eff. July 1, 1974, related to inventory and accounting, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure V84, revised eff. Feb. 2, 1970, amended eff. July 1, 1974, related to removal for cause, rescinded June 5, 1996, eff. Jan. 1, 1997.