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Session Laws, 1974
Volume 713, Page 176   View pdf image
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176                                          LAWS OF MARYLAND                          [Ch. 11

(2)    SUBJECT TO THE PROVISIONS OF [[§13-209]]
THE MARYLAND RULES, TERMINATION DOES NOT DISCHARGE A
GUARDIAN FROM LIABILITY FOR TRANSACTIONS OR OMISSIONS
OCCURRING BEFORE TERMINATION, OR BELIEVE HIM OF THE DUTY
TO PRESERVE, ACCOUNT FOR, AND DELIVER TO HIS SUCCESSOR
PROPERTY SUBJECT TO HIS CONTROL.

(3)   ALL LAWFUL ACTS OF A GUARDIAN BEFORE THE
TERMINATION OF HIS APPOINTMENT SHALL REMAIN VALID AND
EFFECTIVE.

(C) DEATH OR DISABILITY.

THE DEATH OF A GUARDIAN OR THE DECREE OF A COURT OF
COMPETENT JURISDICTION THAT HE IS UNDER LEGAL DISABILITY
SHALL TERMINATE HIS APPOINTMENT. THE PERSONAL
REPRESENTATIVE OF A DECEASED GUARDIAN OR THE PERSON
APPOINTED TO PROTECT THE ESTATE OF A GUARDIAN UNDER LEGAL
DISABILITY SHALL HAVE THE DUTY TO PROTECT PROPERTY
BELONGING TO THE ESTATE BEING ADMINISTERED BY THE
DECEASED OR DISABLED GUARDIAN.

(1)   HE SHALL HAVE THE POWER TO PERFORM ACTS
NECESSARY FOR THE PROTECTION OF PROPERTY.

(2)    HE SHALL IMMEDIATELY ACCOUNT FOR AND
DELIVER THE PROPERTY TO A SUCCESSOR GUARDIAN.

(3)   HE SHALL APPLY IMMEDIATELY TO THE COURT
FOR THE APPOINTMENT OF A SUCCESSOR GUARDIAN TO CARRY ON
THE ADMINISTRATION OF THE ESTATE WHICH HAS BEING
ADMINISTERED BY THE DECEASED OR DISABLED GUARDIAN IN
ACCORDANCE WITH THE MARYLAND RULES.

(D) RESIGNATION.

A GUARDIAN WHO DESIRES TO RESIGN HIS OFFICE MAY DO
SO IN ACCORDANCE WITH THE PROVISIONS OF THE SAME MARYLAND
RULES BY WHICH A FIDUCIARY MAY RESIGN HIS OFFICE.

[[(E) GROUNDS FOR REMOVAL.

(1) MANDATORY GROUNDS.

A COURT SHALL REMOVE A FIDUCIARY WHO HAS:

(I)    WILLFULLY REPRESENTED MATERIAL FACTS
LEADING TO HIS APPOINTMENT OR TO OTHER ACTION BY THE
COURT IN REFERENCE TO THE FIDUCIARY ESTATE;

(II)   WILLFULLY DISREGARDED AN ORDER OF COURT;

(III)  SHOWN HIMSELF INCAPABLE, WITH OR WITHOUT
FAULT TO PROPERLY PERFORM THE DUTIES OF HIS OFFICE;

 

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Session Laws, 1974
Volume 713, Page 176   View pdf image
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