Md. R. Guard. & Fid. 10-302

As amended through November 13, 2024

Rule 10-302 - Service; Notice

(a) Service on Minor or Alleged Disabled Person. The petitioner shall serve a show cause order issued pursuant to Rule 10-104 on the minor or alleged disabled person and on the parent, guardian, or other person having care or custody of the minor or alleged disabled person or of the estate belonging to the minor or alleged disabled person. Service shall be in accordance with Rule 2-121(a). If the minor or alleged disabled person resides with the petitioner, service shall be made upon the minor or alleged disabled person and on such other person as the court may direct. Service upon a minor under the age of ten years may be waived provided that the other service requirements of this section are met. The show cause order served on an alleged disabled person shall be accompanied by an "Advice of Rights in the form set forth in Rule 10-303.

(b) Notice to Other Persons.

(1)To Attorney. Unless the court orders otherwise, the petitioner shall mail a copy of the petition and show cause order by ordinary mail to the attorney for the minor or alleged disabled person.

(2)To Interested Persons. Unless the court orders otherwise, the petitioner shall mail by ordinary mail and by certified mail to all other interested persons a copy of the petition and show cause order and a "Notice to Interested Persons.

(c) Notice to Interested Persons. The Notice to Interested Persons shall be in the following form:

In the Matter of	In the Circuit Court for
________________________	______________ ___________
(Name of minor or alleged	(County)
disabled person)
______________ ___________
(docket reference)

NOTICE TO INTERESTED PERSONS

A petition has been filed seeking appointment of a guardian of the property of _______, who is alleged to be a minor or alleged disabled person.

You are an "interested person, that is, someone who should receive notice of this proceeding because you are related to or otherwise concerned with the welfare of this person.

If the court appoints a guardian of the property for _______, that person will lose the right to manage that person's property.

Please examine the attached papers carefully. If you object to the appointment of a guardian, please file a response in accordance with the attached show cause order. (Be sure to include the case number). If you wish otherwise to participate in this proceeding, notify the court and be prepared to attend any hearing.

Each certificate filed pursuant to Rule 10-202 that is attached to the petition will be admissible as substantive evidence without the presence or testimony of the certifying health care professional unless you file a request that the health care professional appear to testify. The request must be filed at least 10 days before the trial date, unless the trial date is less than 10 days from the date your response is due. If the trial date is less than 10 days from the date your response is due, the request may be filed at any time before trial.

If you believe you need further legal advice about this matter, you should consult your attorney.

Md. R. Guard. & Fid. 10-302

This Rule is in part derived from former Rule R74 and Code, Estates and Trusts Article, § 1-103(b) and is in part new.

Adopted June 5, 1996, eff. 1/1/1997. Amended eff. 10/5/1999; 12/4/2007, eff. 1/1/2008; amended March 1, 2024, eff. 7/1/2024.

HISTORICAL NOTES

1999 Orders

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

2007 Orders

The December 4, 2007, order, rewrote the 5th paragraph in the form, which previously read:

"A physician's or psychologist's certificate attached to the petition will be admissible as substantive evidence without the presence or testimony of the physician or psychologist unless you file a request that the physician or psychologist appear. The request must be filed at least 10 days before the trial date, except that, if the trial date is less than 10 days from the date your response is due, the request may be filed at any time before trial."

Derivation:

Maryland Rule of Procedure R74, revised eff. Feb. 2, 1970, amended April 6, 1984, eff. July 1, 1984, related to service of process and notice, rescinded June 5, 1996, eff. Jan. 1, 1997.