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Session Laws, 1969
Volume 692, Page 111   View pdf image
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MARVIN MANDEL, Governor                        111

205.    Significance of Adjudication Concerning Need for Protection.

Adjudications under this Subtitle shall have no bearing on the
issue of capacity of the alleged disabled person to care for his own
person.

206.    Guardians.

The court may appoint a natural person or a corporation with
power to serve as a trustee as guardian of the property of the minor
or disabled person. The appointment of a guardian vests in him title
to all property of the minor or protected person, presently held or
thereafter acquired. The appointment of a guardian is not a trans-
fer or alienation within the meaning of the provisions of any federal
or state statute or regulation, insurance policy, pension plan, con-
tract, will or trust instrument, imposing restrictions upon or penal-
ties for transfer or alienation by the minor or disabled person of his
rights or interest. A guardian holds title to property under a statu-
tory power and shall utilize powers conferred by this Subtitle to
perform the services, exercise the discretion and discharge the
duties herein described for the best interests of the minor or dis-
abled person and his dependents. The guardian shall be deemed to
be the statutory agent of the minor or disabled person for the pur-
pose of filing all government reports and returns, including, but not
limited to, income and other tax returns.

207.    Priorities for Appointment as Guardian.

The following, in the order listed, are entitled to priority for ap-
pointment as guardian for a minor or disabled person:

(a)    a conservator, committee, guardian of property or other like
fiduciary appointed by any appropriate court of any foreign juris-
diction in which the minor or disabled person resides;

(b)    a person or corporation nominated by the minor or disabled
person if such designation was signed by the minor or disabled per-
son after his sixteenth (16th) birthday, and, in the opinion of the
court, he had sufficient mental capacity to make an intelligent choice
at the time he executed such designation;

(c)    his spouse;

(d)    his parents;

(e)    a person or corporation nominated by the will of a deceased
parent;

(f)    his children;

(g)    the persons who would be his heirs if he were dead;

(h) a person or corporation nominated by a person who, or in-
stitution, organization, or public agency which, is caring for him;

(i) a person or corporation nominated by a governmental agency
which is paying benefits to him.

(J) ANY OTHER PERSON DEEMED APPROPRIATE BY
THE COURT.

A person in priorities (a), (c), (d), (f), or (g) may nominate in
writing a person or corporation to serve in his stead. As among per-
sons with equal priority, the court shall select the one who is best


 

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