Md. R. Guard. & Fid. 10-301

As amended through November 13, 2024

Rule 10-301 - Petition for Appointment of a Guardian of Property

(a) Who May File. Any interested person may file a petition requesting a court to appoint a guardian of the property of a minor or an alleged disabled person.

(b) Form of Petition. The petition for a guardianship of the property of a minor shall be filed in substantially the form set forth in Rule 10-111. The petition for a guardianship of the property of an alleged disabled person shall be filed in substantially the form set forth in Rule 10-112.

(c) Venue.

(1)Resident. If the minor or alleged disabled person is a resident of Maryland, the petition shall be filed in the county where the minor or alleged disabled person resides, even if the person is temporarily absent.

(2)Nonresident. If the minor or disabled person does not reside in this State, the petition shall be filed in the county in which a petition for guardianship of the person may be filed, or in the county where any part of the property is located. For purposes of determining the situs of property, the situs of tangible personal property is its location; the situs of intangible personal property is the location of the instrument, if any, evidencing a debt, obligation, stock or chose in action, or the residence of the debtor if there is no instrument evidencing a debt, obligation, stock, or chose in action; and the situs of an interest in property held in trust is located where the trustee may be sued.

(d) Required Exhibits. The petitioner shall attach to the petition as exhibits a copy of any instrument nominating a guardian and documentation in full compliance with at least one of the following:

(1) the certificates required by Rule 10-202;

Committee note: Rule 10-202(a)(2) requires that a certificate of a licensed physician, licensed psychologist, or licensed certified social worker-clinical, or nurse practitioner be substantially in the form approved by the State Court Administrator, posted on the Judiciary website, and available in the offices of the clerks of the circuit courts.

(2) if the alleged disability is due to detention by a foreign power or by imprisonment, affidavits or exhibits documenting (A) where and when the person is detained or imprisoned, (B) the reason the person was detained or imprisoned, (C) the expected duration of the detention or imprisonment, if known and (D) reasons why detention or imprisonment renders the person unable to manage the person's property and affairs effectively;

(3) if the alleged disability is due to disappearance, affidavits or exhibits documenting (A) when the person was first suspected of having disappeared, (B) the nature and extent of any search known to the petitioner to have been made to locate the person, (C) whether there exists any power of attorney signed by the person or effective remedy other than a guardianship, and (D) what, if any, effort was made to determine whether the person is still alive; or

Cross reference: With respect to a person who allegedly has disappeared, see Code, Courts Article, Title 3, Subtitle 1, in particular §§ 3-102, 3-105, and 3-106.

(4) if the petition is for the appointment of a guardian for a minor, all required exhibits listed in the Instructions on the form set forth in Rule 10-111, including, if the minor is a beneficiary of the Department of Veterans Affairs, a certificate of the Secretary of that Department or any authorized representative of the Secretary, in accordance with Code, Estates and Trusts Article, § 13-802.

(e)Designation of a Guardian of the Property by a Minor or Disabled Person. After the 16th birthday of a minor or disabled person, a minor or disabled person may designate a guardian of the property of the minor or disabled person substantially in the following form:

Click here to view image

Md. R. Guard. & Fid. 10-301

This Rule is derived as follows:

Section (b) is new.

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

Section (d) is new.

Section (e) is new.

Adopted June 5, 1996, eff. 1/1/1997. Amended eff. 10/5/1999; 11/12/2003, eff. 1/1/2004; 12/4/2007, eff. 1/1/2008; 11/21/2013, eff. 1/1/2014; 9/17/2015, eff. 1/1/2016; Oct. 10. 2017, eff. 1/1/2018; 12/4/2018, eff. 1/1/2019; amended March 30, 2021, eff. 7/1/2021; amended March 1, 2024, eff. 7/1/2024.

HISTORICAL NOTES

1999 Orders

The October 5, 1999, order, in section (d), added the option of evaluation of a disabled person by a licensed psychologist.

2003 Orders

The November 12, 2003, order rewrote section (d), which previously read:

"(d) Required Exhibits. The petitioner shall attach to the petition as exhibits (1) a copy of any instrument nominating a guardian; (2) any physician's or psychologist's certificates required by Rule 10-202; and (3) if the petition is for the appointment of a guardian for a minor who is a beneficiary of the Department of Veterans Affairs, a certificate of the Secretary of that Department or any authorized representative of the Secretary, in accordance with Code, Estates and Trusts Article, § 13-802."

2007 Orders

The December 4, 2007, order rewrote section (d), which previously read:

"(d) Required Exhibits. The petitioner shall attach to the petition as exhibits (1) a copy of any instrument nominating a guardian; (2)(A) any physician's or psychologist's certificates required by Rule 10-202, or (B) if guardianship of the property of a disabled person who is a beneficiary of the United States Department of Veterans Affairs is being sought, in lieu of the certificates required by Rule 10-202, 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; and (3) if the petition is for the appointment of a guardian for a minor who is a beneficiary of the Department of Veterans Affairs, a certificate of the Secretary of that Department or any authorized representative of the Secretary, in accordance with Code, Estates and Trusts Article, § 13-802."

2013 Orders

The November 21, 2013, order, required the petitioner to state whether the alleged disability is solely physical and to substitute "date of birth" for "age" in subsection (c)(7).

2015 Orders

The September 17, 2015, order, added a new section (b) pertaining to the form of petition, deleted current section (c), added a new section (e) containing a form for designation of a guardian of the property by a minor or disabled person, added a cross reference at the end of the Rule, and made stylistic changes.

Derivation:

Maryland Rule of Procedure R71, revised eff. Feb. 2, 1970, amended eff. July 1, 1974, related to applications for appointment, rescinded June 5, 1996, eff. Jan. 1, 1997.

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 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 added a Committee Note following section (d).

2018 Orders The December 4, 2018 order deleted current subsection (d)(2)(B); added language to section (d) that requires documentation of certain requirements; added a Committee note after subsection (d)(1); added subsection (d)(2) addressing an alleged disability due to detention by a foreign power or by imprisonment; added subsection (d)(3) pertaining to an alleged disability due to disappearance; added a cross reference after subsection (d)(3); added subsection (d)(4) referring to certain required exhibits; and deleted the Committee note after subsection (d)(4).

See Code, Estates and Trusts Article, § 13-207.