Md. R. Guard. & Fid. 10-402

As amended through November 13, 2024

Rule 10-402 - Petition by a Parent for Judicial Appointment of a Standby Guardian

(a) Filing of Petition. Except for a petition filed by a standby guardian in accordance with Rule 10-403, a petition for the judicial appointment of a standby guardian of the person or property of a minor shall be filed by a parent of the minor. The petition shall contain the consent of each person having parental rights over the minor, unless a statement pursuant to subsection (c)(14) of this Rule is included in the petition.

(b) Venue. The petition shall be filed in the county where the minor resides or is physically present.

(c) Contents. The petition shall be captioned "In the Matter of ... [stating the name of the minor]. It shall be signed and verified by the petitioner and shall include the following information:

(1) The petitioner's name, address, age, and telephone number;

(2) The petitioner's familial relationship to the minor;

(3) The name, address, and date of birth of the minor;

(4) If the minor is at least 14 years of age, the wishes of the minor, if known;

(5) Whether the minor has any siblings and, if so, their names and ages and whether a standby guardianship is sought for them;

(6) The proposed standby guardian's name, address, age, and telephone number;

(7) The proposed standby guardian's relationship to the minor;

(8) A statement explaining why the appointment of the proposed standby guardian is in the best interests of the minor;

(9) Whether and under what circumstances the standby guardianship is to be of the minor's person, property, or both;

(10) If the standby guardian is to be a guardian of the property of the minor, the nature, value, and location of the property;

(11) A description of the duties and powers of the standby guardian, including whether the standby guardian is to have the authority to apply for, receive, and use public benefits and child support payable on behalf of the minor;

Cross reference: For the powers of a guardian of the person of a minor, see Code, Estates and Trusts Article, § 13-702. For the powers of a guardian of the property, see Code, Estates and Trusts Article, § 15-102.

(12) A statement (A) whether the standby guardian has been convicted of a crime listed in Code, Estates and Trusts Article, § 11-114 or any such charge is currently pending against the standby guardian, and (B) if the standby guardian has been convicted of such a crime, the charge for which the standby guardian was convicted, the year of the conviction, the court in which the conviction occurred, and any good cause for the appointment, if applicable under § 11-114(b);

(13) Whether the authority of the standby guardian is to become effective on the petitioner's incapacity, death, or the first of those circumstances to occur; Cross reference: Code, Estates and Trust Article, § 13-906.

(14) A statement that there is a significant risk that the petitioner will become incapacitated or die within two years of the filing of the petition and the basis for the statement; Cross reference: Code, Estates and Trusts Article, § 13-903(a).

(15) If the petitioner is unable to appear in court for a hearing pursuant to Rule 10-404, a statement explaining why;

(16) If a person having parental rights does not join in the petition, a statement to that effect and the following information, to the extent known: (A) the identity of the person, (B) if the identity of the person is not known, what efforts were made to identify and locate the person, and (C) if the identity of the person is known, the reasons the person did not join the petition, if known, and a description of the efforts made to inform the person about the petition; and

(17) If the petitioner believes that notice to the minor would be unnecessary or would not be in the best interests of the minor, a statement explaining why.

(d)Notice.

(1) Unless the court orders otherwise, the petitioner shall send by ordinary mail and by certified mail to all interested persons whose whereabouts are known a copy of the petition and a "Notice to Interested Persons" pursuant to section (e) of this Rule. Service upon a minor under the age of ten years may be waived provided that the other service requirements of this section are met.

(2) If the court is satisfied that the petitioner, after reasonable efforts made in good faith, has been unable to ascertain the whereabouts of a person having parental rights, the court may order, as to that individual, that the "Notice to Interested Persons Whose Whereabouts are Unknown," which is set out in section (f) of this Rule, be published one time in the county of that individual's last known residence or be posted at that county's courthouse door or on a bulletin board within its immediate vicinity.

(e)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)	(County)
___________________	___________________
(Date of notice)	(docket reference)

NOTICE TO INTERESTED PERSONS

A petition has been filed seeking the appointment of a standby guardian of the [person] [property] [person and property] of _______, a minor.

You are receiving this because you are related to or otherwise concerned with the welfare of the minor.

Please examine the attached papers carefully.

If you object to the appointment of a standby guardian, please file a response with the court at

__________________________________________________________________

(address of courthouse)

no later than 30 days after the date of issue of this Notice. (Be sure to include the case number.) If a response is not received by the court, the court may rule on the petition without a hearing. If you wish to participate in this proceeding in any way, notify the court and be prepared to attend any hearing.

CERTIFICATE OF SERVICE

I certify that a copy of the petition and the "Notice to Interested Persons" was mailed, by ordinary mail, postage prepaid, and by certified mail, postage prepaid and return receipt requested, this

____

day of

_______

, to

__________________________________________________________________

Petitioner

__________________________________________________________________

Name (printed)

__________________________________________________________________

Address

__________________________________________________________________

Telephone Number

(f)Notice to Interested Persons Whose Whereabouts are Unknown. The Notice to Interested Persons Whose Whereabouts are Unknown shall be in the following form:

In the Matter of	In the Circuit Court for
___________________	_________________
(Name of minor)	(County)
___________________	___________________
(Date of notice)	(docket reference)

NOTICE TO INTERESTED PERSONS WHOSE WHEREABOUTS ARE UNKNOWN

A petition has been filed seeking the appointment of a standby guardian of the [person] [property] [person and property] of _______, who is alleged to be a minor.

If you are related to or otherwise concerned with the welfare of the minor, you may obtain further information from the court at

__________________________________________________________________

(address of courthouse)

Any response must be received by the court no later than 30 days after the date of issue of this Notice.

Md. R. Guard. & Fid. 10-402

This Rule is new.

Adopted Feb. 10, 1998, eff. 7/1/1998. Amended Dec. 4, 2018, eff. 1/1/2019.

HISTORICAL NOTES

2018 Orders

The December 4, 2018 order retitled this rule, revised the required contents of a petition, and edited the Cross reference after section (c)(11).