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Session Laws, 1962
Volume 651, Page 118   View pdf image (33K)
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118 LAWS OF MARYLAND [CH. 36

After the filing of the petition the court may, in its discretion,
and upon such investigation as it deems necessary, issue an order
requiring the apprehension of the alleged incompetent and providing
for his custody and appearance before the court.

[Such certificate 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 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] The committee or trustee appointed by the Court in accord-
ance with the Maryland Rules
shall care for and manage the property
of the incompetent and may upon proper order of the court expend
cash for the incompetent's support and maintenance, as well as for
the support and maintenance of the incompetent's dependents.

145.

In case of application by petition of a person who has been ad-
judged a lunatic or non compos mentis to have the commission super-
seded on the ground of recovery or restoration to a sound state of
mind and capacity to manage his affairs, the petitioner, unless the
court shall find there is no substantial basis for the petition,
shall be
entitled to have the question submitted to a jury [empanelled under
the order of the court for the purpose, ] pursuant to the provisions
of the Maryland Rules
whose verdict shall be binding on the court,
unless set aside for cause. [The jury to be used in such proceedings
shall be empanelled by the court, from the jurors in attendance upon
the law or criminal court in said county or city, or, if there be no
jurors in attendance, the court shall forthwith select twenty (20)
good and lawful men from the names upon the regular jury list of
the last jury term of the law or criminal court in said county or city
to be summoned to attend as jurors in said case. The summoning of
said jurors and the empanelling of a jury of twelve men from said
regular panel or from said list of jurors so summoned shall proceed
as far as practicable in accordance with the rules and practice of
obtaining for the selection and empanelling of jurors in other civil
cases. ]

183. No sale made by a trustee appointed by the court shall be
valid unless such sale is confirmed by the court [; and the court
may order any such trustee to bring into court any money, notes or
bonds he may receive for the purchase money on any sale he may
make, to be disposed of as the court may direct].

190. The receipt and release of the [trustee or trustees, committee
o** guardian] fiduciary, properly authenticated, as provided by Article


 

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Session Laws, 1962
Volume 651, Page 118   View pdf image (33K)
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