LAWRENCE J. HOGAN, JR., Governor Ch. 620
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Chapter 620
(Senate Bill 508)
AN ACT concerning
Estates and Trusts – Guardianship of Minors – Appointment by Court
FOR the purpose of altering the circumstances under which a court may appoint a guardian
of the person of a minor; providing that the appointment of a guardian of the person
of a minor does not require the termination of parental rights; and generally relating
to the appointment of a guardian of the person of a minor.
BY repealing and reenacting, without amendments,
Article – Estates and Trusts
Section 13–701
Annotated Code of Maryland
(2017 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Estates and Trusts
Section 13–702(a)
Annotated Code of Maryland
(2017 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Estates and Trusts
13–701.
(a) Unless prohibited by agreement or court order, the surviving parent of a minor
may appoint by will one or more guardians and successor guardians of the person of an
unmarried minor.
(b) The guardian need not be approved by or qualify in any court.
13–702.
(a) (1) [If neither parent is serving as guardian of the person and no
testamentary appointment has been made, on] ON petition by any person interested in the
welfare of the minor, and after notice and hearing AS PRESCRIBED BY THE MARYLAND
RULES, the court may appoint a guardian of the person of an unmarried minor IF THE
COURT FINDS, BY A PREPONDERANCE O F THE EVIDENCE , THAT:
Ch. 620 2022 LAWS OF MARYLAND
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(I) THE APPOINTMENT IS IN THE BEST INTERESTS O F THE
MINOR;
(II) NO TESTAMENTARY APPOI NTMENT HAS BEEN MADE ; AND
(III) 1. NO PARENT IS WILLING OR ABLE TO SERVE AS
GUARDIAN OF THE PERS ON OF THE MINOR ;
2. EACH PARENT CONSENTS TO THE APPOINTMENT O F
THE GUARDIAN OF THE PERSON; OR
3. NO PARENT FILES AN OB JECTION TO THE
APPOINTMENT OF THE G UARDIAN OF THE PERSO N.
(2) If the minor is at least 14 years old, and if the person otherwise is
qualified, the court shall appoint a person designated by the minor, unless the decision is
not in the best interests of the minor.
(3) This section may not be construed to require court appointment of a
guardian of the person of a minor if there is no good reason, such as a dispute, for a court
appointment.
(4) THIS SUBSECTION MAY N OT BE CONSTRUED TO P ROVIDE THAT
THE APPOINTMENT OF A GUARDIAN OF THE PERS ON OF A MINOR REQUIR ES THE
TERMINATION OF ANY PARENTA L RIGHTS WITH RESPEC T TO THE MINOR UNDER
TITLE 5 OF THE FAMILY LAW ARTICLE.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.