New court rules refine court processes regarding guardianships of vulnerable Marylanders

ANNAPOLIS, MD – Changes to court rules refining court processes and procedures for guardianships will go into effect Jan. 1, 2019. Guardians are appointed by the court to make personal or financial decisions on behalf of a person who is unable to manage those matters because of age, disease, or disability. The changes will apply to court-appointed guardians, guardianships, and attorneys.

The changes include:

• A new procedure for expedited hearings for the appointment of a guardian of an alleged disabled person in connection with non-emergency medical treatment (amendments to Md. Rules 10-104, 10-201, and 16-302).
• Changes to hearing and exhibit requirements for proceedings for the appointment of a guardian (amendments to Md. Rules 10-202, 10-205, 10-301, and 10-304).
• Changes implementing 2018 Md. Laws, Chapter 749, which added “adverse immigration action” as a new basis for establishing standby guardianship of a minor (amendments to Md. Rules 10-403, 10-404, 10-405, and 10-106.1, and new Md. Rule 10-405.1, as well as conforming amendments to Md. Rule 10-402).

"These changes to the rules are a further example of the Judiciary's concerted efforts to protect the rights of vulnerable Marylanders whose matters bring them before our courts," said Mary Ellen Barbera, Chief Judge of the Court of Appeals of Maryland. "We are grateful to the Domestic Law Committee's work groups on Guardianship and Vulnerable Adults and Hospitalized Adults, which include representatives from the Judiciary as well as justice partners in the community, for their work to ensure that best practices are employed in the management and supervision of guardianships."

The Judiciary website has a section devoted to Maryland guardianships with information and resources including orientation and training programs for guardians, a series of videos, and new forms at: http://www.mdcourts.gov/family/guardianship/courtappointedguardians.html.

The Court of Appeals rules order, filed Dec. 4, can be found here: https://www.courts.state.md.us/sites/default/files/rules/order/ro198.pdf.

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