Current with changes from the 2024 Legislative Session
Section 15-122.3 - Personal needs allowance - Disabled person with guardian(a)(1) In this section the following words have the meanings indicated.(2) "Available income" means the portion of income of a Program recipient that the Program recipient is required to contribute to the cost of care for the Program recipient under the Program.(3) "Disabled person" has the meaning stated in § 13-101 of the Estates and Trusts Article.(4) "Guardian" means:(i) A guardian of the person; or(ii) A guardian of the property.(5) "Guardian of the person" means a person who has been appointed by a court as a guardian of the person of a disabled person under § 13-705 of the Estates and Trusts Article.(6) "Guardian of the property" means a person who has been appointed by a court as a guardian of the property of a disabled person under § 13-201 of the Estates and Trusts Article.(7) "Guardianship services" means services provided to a recipient who is a disabled person by a guardian while acting in the capacity as a guardian.(8) "Recipient" means a Program recipient who receives long-term care services and supports under the Program.(b) Subject to subsection (c) of this section, when determining the available income of a recipient who is a disabled person and has a guardian, the Department shall include as part of the personal needs allowance guardianship fees payable for guardianship services.(c) The personal needs allowance for guardianship fees shall be as follows: (1) If one person is serving as both the guardian of the person and the guardian of the property of the recipient, the personal needs allowance shall be $50 per month; and(2) If one person is serving as the guardian of the person of the recipient and a different person is serving as the guardian of the property of the recipient, the personal needs allowance shall be $50 per month for each guardian.Added by 2016 Md. Laws, Ch. 391,Sec. 1, eff. 10/1/2016.Added by 2016 Md. Laws, Ch. 390,Sec. 1, eff. 10/1/2016.