588 ARTICLE 16
As to the provision of the law where a non compos is entitled to an election, see art.
46, sec. 24. See also art. 46, sec. 22.
And see sec. 134, and art. 59, sec. 22.
1929, ch. 340.
124. Any person who is a resident of any state, by the laws of which
residents of Maryland are denied the right to qualify and act as committee
or trustee of a person non compos mentis residing therein shall not be
appointed or allowed to qualify as committee or trustee of any person non
compos mentis resident of this State. But nothing in this section shall be
construed to impair the validity of the appointment or qualification ante-
dating June 1, 1929, nor to affect in any way the provision of law relating
to the transfer of property in this State belonging to persons non compos
mentis in another state or country.
1929, ch. 518. 1933, ch. 31.
125. The Court shall have power also to appoint a Committee or Trus-
tee to take charge of and manage the property of any person incompetent
by reason of a mental disability.
The Application therefor, may be made by next friend, shall be by
petition under oath, accompanied by certificates, sworn to and subscribed
by two medical doctors practicing in the State of Maryland, for the last
five years or two attending neuropsychiatrists, one of whom shall have at-
tended the alleged incompetent within the ten days before the filing of the
petition.
Such certificates shall set out the cause, nature, extent and probable
duration of the incompetency. The petition shall set out the reasons for
the application and the kind, quantity and value of the property to be cared
for and managed. The Court shall pass an order, (a) directing the
alleged incompetent to be summoned within ten days, (b) requiring that
within the same time a copy of the summons, petition and order shall be
left with the person with whom the alleged incompetent resides, unless
residing with the petitioner, in which event, the Court shall name some
other person with whom such copies shall be left, (c) setting the petition
for hearing on or after fifteen days from the date of the order, (d) and
allowing an appearance and answer at any time before or after decree. The
Court shall have power to revoke, modify or alter any decree hereunder at
any time after appearance and answer for good cause shown.
Such Committee or Trustee shall care for and manage the property of
the incompetent and may upon proper order of Court expend cash for
the incompetent's support and maintenance, as well as for the support
and maintenance of the incompetent's dependents.
An. Code, 1924, sec. 118. 1912, sec. 115. 1904, sec. 108. 1888, sec. 97. 1785, ch. 72, sec. 6.
126. On the application of any creditor of a person non compos mentis,
the court may decree a sale of the real or personal estate of such non compos
mentis, or such part thereof as may be necessary to pay the claim of such
creditor, if the court is satisfied of the justice of the claim, and that there
is no other means of paying the same.
As the lunatic himself cannot, after inquisition found, contract a debt, the claims of
the creditors referred to in this section must exist before the inquisition, or may consist
of liens on his property. See note to sec. 129. Rutledge v. Rutledge, 118 Md. 556.
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