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Terms Used In Maryland Code, FAMILY LAW 14-307

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • including: means includes or including by way of illustration and not by way of limitation. See
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
(a) If after the investigation under this subtitle the director determines that the individual requires protective services, with the individual’s consent, the director shall provide the services.

(b) If the individual is unwilling or unable to accept protective services voluntarily, the director may petition the court for:

(1) an emergency order for protective services under Title 13, Subtitle 7 of the Estates and Trusts Article;

(2) the appointment of a guardian of the person under Title 13, Subtitle 7 of the Estates and Trusts Article; or

(3) the appointment of a guardian of the property under Title 13, Subtitle 2 of the Estates and Trusts Article.

(c) The director shall submit with any petition filed under this section the findings of the investigation under § 14-303 of this subtitle, including:

(1) an evaluation of the medical, psychiatric, and social factors that affect the individual’s condition; and

(2) a description of recommended services.

(d) The director shall notify the Secretary of Aging or director of the local office on aging, as appropriate, of each guardianship proceeding that the director institutes under this subtitle that involves an individual who is 65 years old or older.

(e) If, as a result of a proceeding that the director institutes under this subtitle, the court appoints the director as guardian, the guardianship:

(1) shall transfer automatically to each individual who becomes director, unless the court terminates the guardianship; and

(2) may not be delegated to any other person.