1. (a)

   1. (1) In this section the following words have the meanings indicated.
   2. (2) “Available income” means the portion of income of a Program recipient that the Program recipient is required to contribute to the cost of care for the Program recipient under the Program.
   3. (3) “Disabled person” has the meaning stated in § 13-101 of the Estates and Trusts Article.

   4. (4) “Guardian” means:

      1. (i) A guardian of the person; or
      2. (ii) A guardian of the property.
   5. (5) “Guardian of the person” means a person who has been appointed by a court as a guardian of the person of a disabled person under § 13-705 of the Estates and Trusts Article.
   6. (6) “Guardian of the property” means a person who has been appointed by a court as a guardian of the property of a disabled person under § 13-201 of the Estates and Trusts Article.
   7. (7) “Guardianship services” means services provided to a recipient who is a disabled person by a guardian while acting in the capacity as a guardian.
   8. (8) “Recipient” means a Program recipient who receives long-term care services and supports under the Program.
2. (b) Subject to subsection (c) of this section, when determining the available income of a recipient who is a disabled person and has a guardian, the Department shall include as part of the personal needs allowance guardianship fees payable for guardianship services.

3. (c) The personal needs allowance for guardianship fees shall be as follows:

   1. (1) If one person is serving as both the guardian of the person and the guardian of the property of the recipient, the personal needs allowance shall be $50 per month; and
   2. (2) If one person is serving as the guardian of the person of the recipient and a different person is serving as the guardian of the property of the recipient, the personal needs allowance shall be $50 per month for each guardian.

Added by Acts 2016, c. 390, § 1, eff. Oct. 1, 2016; Acts 2016, c. 391, § 1, eff. Oct. 1, 2016.