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3098
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Ch. 768
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LAWS OF MARYLAND
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13-707.
(A) PERSONS ARE ENTITLED TO APPOINTMENT AS
GUARDIAN OF THE PERSON ACCORDING TO THE FOLLOWING
PRIORITIES:
(1) A PERSON, AGENCY, OR CORPORATION
NOMINATED BY THE DISABLED PERSON IF HE WAS 16 YEARS OLD
OR OLDER WHEN HE SIGNED THE DESIGNATION AND, IN THE
OPINION OF THE COURT, HE HAD SUFFICIENT MENTAL CAPACITY
TO MAKE AN INTELLIGENT CHOICE AT THE TIME HE EXECUTED THE
DESIGNATION;
(2) HIS SPOUSE;
(3) HIS PARENTS;
(4) A PERSON, AGENCY, OR CORPORATION
NOMINATED BY THE WILL OF A DECEASED PARENT;
(5) HIS CHILDREN;
(6) ADULT PERSONS WHO WOULD BE HIS HEIRS IF
HE WERE DEAD;
(7) A PERSON, AGENCY, OR CORPORATION
NOMINATED BY A PERSON CARING FOR HIM;
(8) ANY OTHER PERSON, AGENCY, OR CORPORATION
CONSIDERED APPROPRIATE BY THE COURT;
(9) THE DIRECTOR OF THE LOCAL DEPARTMENT OF
SOCIAL SERVICES OR THE DIRECTOR OF THE STATE OFFICE ON
AGING.
(9) FOR ADULTS LESS THAN 65 YEARS OLD, THE
DIRECTOR OF THE LOCAL DEPARTMENT OF SOCIAL SERVICES OR,
FOR ADULTS 65 YEARS OLD OR OLDER, THE DIRECTOR OF THE
STATE OFFICE ON AGING OR LOCAL OFFICE ON AGING, EXCEPT IN
THOSE CASES WHERE THE DEPARTMENT OF SOCIAL SERVICES HAS
BEEN APPOINTED GUARDIAN OF THE PERSON PRIOR TO AGE 65.
(E) A PERSON SPECIFIED IN A PRIORITY IN SUBSECTION
(A) (2), (3), (5), OR (6) MAY WAIVE AND NOMINATE IN
WRITING A PERSON, AGENCY OR CORPORATION TO SERVE IN HIS
STEAD. A NOMINEE OF A PERSON HOLDING PRIORITY HAS THE
SAME PRIORITY AS THE PERSON MAKING THE NOMINATION.
(C) (1) AMONG PERSONS WITH EQUAL PRIORITY THE
COURT SHALL SELECT THE ONE BEST QUALIFIED OF THOSE
WILLING TO SERVE. FOR GOOD CAUSE, THE COURT MAY PASS
OVER A PERSON WITH PRIORITY AND APPOINT A PERSON WITH A
LOWER PRIORITY.
(2) IF A GUARDIAN OF THE ESTATE HAS BEEN
APPOINTED, THE COURT MAY SELECT HIM TO BE GUARDIAN OF THE
PERSON, REGARDLESS OF PRIORITY.
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