Md. Code Ann., Est. & Trusts § 13-220
Termination of guardianship
Effective Oct 1, 2019Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 2010, c. 256, § 1, eff. Oct. 1, 2010; Acts 2010, c. 257, § 1, eff. Oct. 1, 2010; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.State of Maryland
- (a) The appointment of a guardian terminates when the guardianship terminates under § 13-221 of this subtitle and may be terminated sooner by the guardian's death, disability, resignation, or removal.
- (b) Termination of appointment of a guardian has the effects provided in this section.
(c)
(1)
- (i) Termination ends the right and power pertaining to the office of guardian.
- (ii) Unless otherwise ordered by the court, a guardian whose appointment has been terminated shall perform acts necessary to protect the estate and deliver the property to the successor guardian.
- (2) Subject to the provisions of the Maryland Rules, termination does not discharge a guardian from liability for transactions or omissions occurring before termination, or relieve the guardian of the duty to preserve, account for, and deliver to a successor property subject to the guardian's control.
- (3) All lawful acts of a guardian before the termination of appointment shall remain valid and effective.
(d)
- (1) The death of a guardian or the decree of a court of competent jurisdiction that a guardian is under legal disability shall terminate the guardian's appointment.
(2) The personal representative of a deceased guardian or the person appointed to protect the estate of a guardian under legal disability shall:
- (i) Have the duty to protect property belonging to the estate being administered by the deceased or disabled guardian;
- (ii) Have the power to perform acts necessary for the protection of property;
- (iii) Immediately account for and deliver the property to a successor guardian; and
- (iv) Apply immediately to the court for the appointment of a successor guardian to carry on the administration of the estate which was being administered by the deceased or disabled guardian in accordance with the Maryland Rules.
- (e) A guardian who desires to resign the guardian's office may do so in accordance with the provisions of the same Maryland Rules by which a fiduciary may resign the fiduciary's office.
Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 2010, c. 256, § 1, eff. Oct. 1, 2010; Acts 2010, c. 257, § 1, eff. Oct. 1, 2010; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
Formerly Art. 93A, § 220.