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Session Laws, 1969
Volume 692, Page 109   View pdf image
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MARVIN MANDEL, Governor                          109

person made within such time as may be determined by the Orphans'
Court, by a court of law. Where such request is made before the Or-
phans' Court has determined the issue of fact, the Orphans' Court
shall transmit the issues to a court of law. After the determination
of the issue, whether by the Orphans' Court or after transmission
to a court of law, the Orphans' Court shall enter an appropriate
judgment or decree. This Section shall not apply where the estate is
administered under the jurisdiction of a court having general equity
jurisdiction.

109. Register of Wills.

The powers and duties of the Register of Wills in proceedings in
the Orphans' Courts under this Article shall be the same, where ap-
propriate to proceedings under this Article, as the powers and duties
of the Registers under Article 93. The Register shall also maintain
such record books as may be desirable.

Subtitle 2

Protection of Property of Minors and Disabled Persons
201. Appointment of Guardian.

Upon petition, and after such notice as may be prescribed by law
or the Maryland Rules, and hearing, the Court may appoint a guard-
ian of the property of a minor or a disabled person.

(a)    Minors. Appointment of a guardian shall be made with re-
spect to the estate of a minor if the Court determines (a) that a
minor owns or is entitled to property that requires management or
protection, or (b) that funds are needed for his support, care, wel-
fare, and education and that protection is necessary or desirable to
obtain or provide funds.

(b)    Disability other than minority. Appointment of a guardian
shall be made with respect to the estate of a person if the court de-
termines that (a) the person is unable to manage his property and
affairs effectively because of physical or mental disability, senility,
or other mental weakness, disease, habitual drunkenness, addiction
to drugs, imprisonment, compulsory hospitalization, confinement, de-
tention by a foreign power, or disappearance; and (b) the person
has property which may be wasted or dissipated unless proper man-
agement is provided, or that funds are needed for the support, care,
welfare, and education of the person or those entitled to be supported
by him and that protection is necessary or desirable to obtain or pro-
vide funds.

202. Venue.

Venue for proceedings under this Subtitle shall be:

(a)    Resident: In the county in this State where the alleged dis-
abled person or minor resides;

(b)    Non-resident: If the alleged disabled person or minor does
not reside in this state, in any county where he is physically present
or he has property. For purposes of determining the situs of prop-
erty, the situs of tangible personal property is its location; the situs
of intangible personal property is the location of the instrument, if


 

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