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Session Laws, 1970
Volume 695, Page 646   View pdf image
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646                              Laws of Maryland                       Ch. 267

Replacement Volume), title "Protection of Minors and Other Per-
sons Under Disability", subtitle "Protection of Property of Minors
and Disabled Persons" and Section 503 of said Article 93A, sub-
title "Miscellaneous Provisions Relating to Minors", and to repeal
Section 4 of Article 72A of the Annotated Code of Maryland
(1967 Replacement Volume), title "Parent and Child", in order
to correct certain omissions, errors and oversights in the law re-
lating to the estates of minors and disabled persons as enacted
by Chapter 4 of the Laws of Maryland of 1969.

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 203 and 204 of Article 93A of the Annotated Code
of Maryland (1969 Replacement Volume), title "Protection of Min-
ors and Other Persons Under Disability", subtitle "Protection of
Property of Minors and Disabled Persons" and Section 503 of said
Article 93A, subtitle "Miscellaneous Provisions Relating to Minors",
be and they are hereby repealed and re-enacted with amendments
to read as follows:

203.  Permissible Court Orders.

While a petition for appointment of a guardian or other protective
order is pending, the Court, without notice to others, shall have the
power to preserve and apply the property of the alleged disabled
person or minor as may be required. The Court shall not exercise
such power unless it appears from specific facts shown by affidavit
that immediate, substantial, and irreparable injury will result to
the applicant or to the minor or disabled person before an adversary
hearing can be had. The Court may, in its discretion, communicate
informally with the minor or disabled person prior to taking action.
Any order shall be served forthwith on the minor or disabled person
by the quickest possible means. After appointment of the guardian,
the Court shall have all those powers over the property of the minor
or disabled person which he could exercise if he was not disabled
or a minor, except that the powers of the Orphans' Courts shall be
limited by Section 106 hereof. A guardian or any other interested
person may at any time invoke the jurisdiction of the Court to re-
solve questions concerning the estate or its administration.

204.  Authorization of Single Transactions Without Appointment.

When '[it has been established in a proper proceeding that] a
basis exists as described in Section 201 for assuming jurisdiction
over the property of a minor or disabled person, the Circuit Court,
without appointing a guardian, may authorize or direct any transac-
tion with respect to the property of the minor or disabled person or
any service or care arrangement with respect to the minor or dis-
abled person. Such transactions include, but are not limited to,
payment, delivery, deposit or retention of funds or property, sale,
mortgage, lease or other transfer of property, purchase of contracts
for an annuity, for life care, for training, or for education. Before
approving a transaction or arrangement under this section, the
Court shall consider the interests of creditors and dependents of the
minor or disabled person and, in view of his disability, whether the
property of minor or disabled person needs the continuing protec-
tion provided by a guardian.

 

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Session Laws, 1970
Volume 695, Page 646   View pdf image
 Jump to  
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