EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0508*
SENATE BILL 508
N2 2lr2626
CF 2lr2625
By: Senator West
Introduced and read first time: January 28, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Estates and Trusts – Guardianship of Minors – Appointment by Court 2
FOR the purpose of altering the circumstances under which a court may appoint a guardian 3
of the person of a minor; providing that the appointment of a guardian of the person 4
of a minor does not require the termination of parental rights; and generally relating 5
to the appointment of a guardian of the person of a minor. 6
BY repealing and reenacting, without amendments, 7
Article – Estates and Trusts 8
Section 13–701 9
Annotated Code of Maryland 10
(2017 Replacement Volume and 2021 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Estates and Trusts 13
Section 13–702(a) 14
Annotated Code of Maryland 15
(2017 Replacement Volume and 2021 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Estates and Trusts 19
13–701. 20
(a) Unless prohibited by agreement or court order, the surviving parent of a minor 21
may appoint by will one or more guardians and successor guardians of the person of an 22
unmarried minor. 23
(b) The guardian need not be approved by or qualify in any court. 24 2 SENATE BILL 508
13–702. 1
(a) (1) [If neither parent is serving as guardian of the person and no 2
testamentary appointment has been made, on] ON petition by any person interested in the 3
welfare of the minor, and after notice and hearing AS PRESCRIBED BY THE MARYLAND 4
RULES, the court may appoint a guardian of the person of an unmarried minor IF THE 5
COURT FINDS, BY A PREPONDERANCE O F THE EVIDENCE, THAT: 6
(I) THE APPOINTMENT IS IN THE BEST INTERESTS O F THE 7
MINOR; 8
(II) NO TESTAMENTARY APPOI NTMENT HAS BEEN MADE ; AND 9
(III) 1. NO PARENT IS WILLING OR ABLE TO SERVE AS 10
GUARDIAN OF THE PERS ON OF THE MINOR ; 11
2. EACH PARENT CONSENTS TO THE APPO INTMENT OF 12
THE GUARDIAN OF THE PERSON; OR 13
3. NO PARENT FILES AN OB JECTION TO THE 14
APPOINTMENT OF THE G UARDIAN OF THE PERSO N. 15
(2) If the minor is at least 14 years old, and if the person otherwise is 16
qualified, the court shall appoint a person designated by the minor, unless the decision is 17
not in the best interests of the minor. 18
(3) This section may not be construed to require court appointment of a 19
guardian of the person of a minor if there is no good reason, such as a dispute, for a court 20
appointment. 21
(4) THIS SUBSECTION MAY N OT BE CONSTRUED TO P ROVIDE THAT 22
THE APPOINTMENT OF A GUARDIAN OF THE PERS ON OF A MINOR REQUIR ES THE 23
TERMINATION OF ANY P ARENTAL RIGHTS WITH RESPECT TO THE MINOR UNDER 24
TITLE 5 OF THE FAMILY LAW ARTICLE. 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2022. 27