| Old | New | Differences | |
|---|---|---|---|
| 1 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 620 | |
| 2 | 1 | ||
| 3 | - | – 1 – | |
| 4 | - | Chapter 620 | |
| 5 | - | (Senate Bill 508) | |
| 6 | 2 | ||
| 7 | - | AN ACT concerning | |
| 3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | + | [Brackets] indicate matter deleted from existing law. | |
| 5 | + | Underlining indicates amendments to bill. | |
| 6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | + | amendment. | |
| 8 | + | *sb0508* | |
| 8 | 9 | ||
| 9 | - | Estates and Trusts – Guardianship of Minors – Appointment by Court | |
| 10 | + | SENATE BILL 508 | |
| 11 | + | N2 2lr2626 | |
| 12 | + | CF HB 808 | |
| 13 | + | By: Senator West | |
| 14 | + | Introduced and read first time: January 28, 2022 | |
| 15 | + | Assigned to: Judicial Proceedings | |
| 16 | + | Committee Report: Favorable | |
| 17 | + | Senate action: Adopted | |
| 18 | + | Read second time: February 25, 2022 | |
| 10 | 19 | ||
| 11 | - | FOR the purpose of altering the circumstances under which a court may appoint a guardian | |
| 12 | - | of the person of a minor; providing that the appointment of a guardian of the person | |
| 13 | - | of a minor does not require the termination of parental rights; and generally relating | |
| 14 | - | to the appointment of a guardian of the person of a minor. | |
| 20 | + | CHAPTER ______ | |
| 15 | 21 | ||
| 16 | - | BY repealing and reenacting, without amendments, | |
| 17 | - | Article – Estates and Trusts | |
| 18 | - | Section 13–701 | |
| 19 | - | Annotated Code of Maryland | |
| 20 | - | (2017 Replacement Volume and 2021 Supplement) | |
| 22 | + | AN ACT concerning 1 | |
| 21 | 23 | ||
| 22 | - | BY repealing and reenacting, with amendments, | |
| 23 | - | Article – Estates and Trusts | |
| 24 | - | Section 13–702(a) | |
| 25 | - | Annotated Code of Maryland | |
| 26 | - | (2017 Replacement Volume and 2021 Supplement) | |
| 24 | + | Estates and Trusts – Guardianship of Minors – Appointment by Court 2 | |
| 27 | 25 | ||
| 28 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
| 29 | - | That the Laws of Maryland read as follows: | |
| 26 | + | FOR the purpose of altering the circumstances under which a court may appoint a guardian 3 | |
| 27 | + | of the person of a minor; providing that the appointment of a guardian of the person 4 | |
| 28 | + | of a minor does not require the termination of parental rights; and generally relating 5 | |
| 29 | + | to the appointment of a guardian of the person of a minor. 6 | |
| 30 | 30 | ||
| 31 | - | Article – Estates and Trusts | |
| 31 | + | BY repealing and reenacting, without amendments, 7 | |
| 32 | + | Article – Estates and Trusts 8 | |
| 33 | + | Section 13–701 9 | |
| 34 | + | Annotated Code of Maryland 10 | |
| 35 | + | (2017 Replacement Volume and 2021 Supplement) 11 | |
| 32 | 36 | ||
| 33 | - | 13–701. | |
| 37 | + | BY repealing and reenacting, with amendments, 12 | |
| 38 | + | Article – Estates and Trusts 13 | |
| 39 | + | Section 13–702(a) 14 | |
| 40 | + | Annotated Code of Maryland 15 | |
| 41 | + | (2017 Replacement Volume and 2021 Supplement) 16 | |
| 34 | 42 | ||
| 35 | - | (a) Unless prohibited by agreement or court order, the surviving parent of a minor | |
| 36 | - | may appoint by will one or more guardians and successor guardians of the person of an | |
| 37 | - | unmarried minor. | |
| 43 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 | |
| 44 | + | That the Laws of Maryland read as follows: 18 | |
| 38 | 45 | ||
| 39 | - | ||
| 46 | + | Article – Estates and Trusts 19 | |
| 40 | 47 | ||
| 41 | - | 13– | |
| 48 | + | 13–701. 20 2 SENATE BILL 508 | |
| 42 | 49 | ||
| 43 | - | (a) (1) [If neither parent is serving as guardian of the person and no | |
| 44 | - | testamentary appointment has been made, on] ON petition by any person interested in the | |
| 45 | - | welfare of the minor, and after notice and hearing AS PRESCRIBED BY THE MARYLAND | |
| 46 | - | RULES, the court may appoint a guardian of the person of an unmarried minor IF THE | |
| 47 | - | COURT FINDS, BY A PREPONDERANCE O F THE EVIDENCE , THAT: | |
| 48 | - | Ch. 620 2022 LAWS OF MARYLAND | |
| 49 | 50 | ||
| 50 | - | – 2 – | |
| 51 | - | (I) THE APPOINTMENT IS IN THE BEST INTERESTS O F THE | |
| 52 | - | MINOR; | |
| 53 | 51 | ||
| 54 | - | (II) NO TESTAMENTARY APPOI NTMENT HAS BEEN MADE ; AND | |
| 52 | + | (a) Unless prohibited by agreement or court order, the surviving parent of a minor 1 | |
| 53 | + | may appoint by will one or more guardians and successor guardians of the person of an 2 | |
| 54 | + | unmarried minor. 3 | |
| 55 | 55 | ||
| 56 | - | (III) 1. NO PARENT IS WILLING OR ABLE TO SERVE AS | |
| 57 | - | GUARDIAN OF THE PERS ON OF THE MINOR ; | |
| 56 | + | (b) The guardian need not be approved by or qualify in any court. 4 | |
| 58 | 57 | ||
| 59 | - | 2. EACH PARENT CONSENTS TO THE APPOINTMENT O F | |
| 60 | - | THE GUARDIAN OF THE PERSON; OR | |
| 58 | + | 13–702. 5 | |
| 61 | 59 | ||
| 62 | - | 3. NO PARENT FILES AN OB JECTION TO THE | |
| 63 | - | APPOINTMENT OF THE G UARDIAN OF THE PERSO N. | |
| 60 | + | (a) (1) [If neither parent is serving as guardian of the person and no 6 | |
| 61 | + | testamentary appointment has been made, on] ON petition by any person interested in the 7 | |
| 62 | + | welfare of the minor, and after notice and hearing AS PRESCRIBED BY THE MARYLAND 8 | |
| 63 | + | RULES, the court may appoint a guardian of the person of an unmarried minor IF THE 9 | |
| 64 | + | COURT FINDS, BY A PREPONDERANCE O F THE EVIDENCE , THAT: 10 | |
| 64 | 65 | ||
| 65 | - | (2) If the minor is at least 14 years old, and if the person otherwise is | |
| 66 | - | qualified, the court shall appoint a person designated by the minor, unless the decision is | |
| 67 | - | not in the best interests of the minor. | |
| 66 | + | (I) THE APPOINTMENT IS IN THE BEST INTERESTS O F THE 11 | |
| 67 | + | MINOR; 12 | |
| 68 | 68 | ||
| 69 | - | (3) This section may not be construed to require court appointment of a | |
| 70 | - | guardian of the person of a minor if there is no good reason, such as a dispute, for a court | |
| 71 | - | appointment. | |
| 69 | + | (II) NO TESTAMENTARY APPOI NTMENT HAS BEEN MADE ; AND 13 | |
| 72 | 70 | ||
| 73 | - | (4) THIS SUBSECTION MAY N OT BE CONSTRUED TO P ROVIDE THAT | |
| 74 | - | THE APPOINTMENT OF A GUARDIAN OF THE PERS ON OF A MINOR REQUIR ES THE | |
| 75 | - | TERMINATION OF ANY PARENTA L RIGHTS WITH RESPEC T TO THE MINOR UNDER | |
| 76 | - | TITLE 5 OF THE FAMILY LAW ARTICLE. | |
| 71 | + | (III) 1. NO PARENT IS WILL ING OR ABLE TO SERVE AS 14 | |
| 72 | + | GUARDIAN OF THE PERS ON OF THE MINOR ; 15 | |
| 77 | 73 | ||
| 78 | - | ||
| 79 | - | ||
| 74 | + | 2. EACH PARENT CONSENTS TO THE APPOINTMENT O F 16 | |
| 75 | + | THE GUARDIAN OF THE PERSON; OR 17 | |
| 80 | 76 | ||
| 81 | - | Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022. | |
| 77 | + | 3. NO PARENT FILES AN OB JECTION TO THE 18 | |
| 78 | + | APPOINTMENT OF THE G UARDIAN OF THE PERSO N. 19 | |
| 79 | + | ||
| 80 | + | (2) If the minor is at least 14 years old, and if the person otherwise is 20 | |
| 81 | + | qualified, the court shall appoint a person designated by the minor, unless the decision is 21 | |
| 82 | + | not in the best interests of the minor. 22 | |
| 83 | + | ||
| 84 | + | (3) This section may not be construed to require court appointment of a 23 | |
| 85 | + | guardian of the person of a minor if there is no good reason, such as a dispute, for a court 24 | |
| 86 | + | appointment. 25 | |
| 87 | + | ||
| 88 | + | (4) THIS SUBSECTION MAY N OT BE CONSTRUED TO P ROVIDE THAT 26 | |
| 89 | + | THE APPOINTMENT OF A GUARDIAN OF THE PERS ON OF A MINOR REQUIR ES THE 27 | |
| 90 | + | TERMINATION OF ANY PARENTAL RIGHTS WITH RESPECT TO THE MINOR UNDER 28 | |
| 91 | + | TITLE 5 OF THE FAMILY LAW ARTICLE. 29 | |
| 92 | + | ||
| 93 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30 | |
| 94 | + | October 1, 2022. 31 | |
| 95 | + |