EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0508*
SENATE BILL 508
N2 2lr2626
CF HB 808
By: Senator West
Introduced and read first time: January 28, 2022
Assigned to: Judicial Proceedings
Committee Report: Favorable
Senate action: Adopted
Read second time: February 25, 2022
CHAPTER ______
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 2 SENATE BILL 508
(a) Unless prohibited by agreement or court order, the surviving parent of a minor 1
may appoint by will one or more guardians and successor guardians of the person of an 2
unmarried minor. 3
(b) The guardian need not be approved by or qualify in any court. 4
13–702. 5
(a) (1) [If neither parent is serving as guardian of the person and no 6
testamentary appointment has been made, on] ON petition by any person interested in the 7
welfare of the minor, and after notice and hearing AS PRESCRIBED BY THE MARYLAND 8
RULES, the court may appoint a guardian of the person of an unmarried minor IF THE 9
COURT FINDS, BY A PREPONDERANCE O F THE EVIDENCE , THAT: 10
(I) THE APPOINTMENT IS IN THE BEST INTERESTS O F THE 11
MINOR; 12
(II) NO TESTAMENTARY APPOI NTMENT HAS BEEN MADE ; AND 13
(III) 1. NO PARENT IS WILL ING OR ABLE TO SERVE AS 14
GUARDIAN OF THE PERS ON OF THE MINOR ; 15
2. EACH PARENT CONSENTS TO THE APPOINTMENT O F 16
THE GUARDIAN OF THE PERSON; OR 17
3. NO PARENT FILES AN OB JECTION TO THE 18
APPOINTMENT OF THE G UARDIAN OF THE PERSO N. 19
(2) If the minor is at least 14 years old, and if the person otherwise is 20
qualified, the court shall appoint a person designated by the minor, unless the decision is 21
not in the best interests of the minor. 22
(3) This section may not be construed to require court appointment of a 23
guardian of the person of a minor if there is no good reason, such as a dispute, for a court 24
appointment. 25
(4) THIS SUBSECTION MAY N OT BE CONSTRUED TO P ROVIDE THAT 26
THE APPOINTMENT OF A GUARDIAN OF THE PERS ON OF A MINOR REQUIR ES THE 27
TERMINATION OF ANY PARENTAL RIGHTS WITH RESPECT TO THE MINOR UNDER 28
TITLE 5 OF THE FAMILY LAW ARTICLE. 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
October 1, 2022. 31