Maryland 2025 Regular Session

Maryland House Bill HB756 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	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	5		hb0756
9	6
10	7		HOUSE BILL 756
11	8		N2, O3, D3 5lr1987
12	9		HB 359/24 – JUD
13		-	By: Delegate J. Long Delegates J. Long, Conaway, Kaufman, Phillips, and
14		-	Schmidt
	10	+	By: Delegate J. Long
15	11		Introduced and read first time: January 27, 2025
16	12		Assigned to: Judiciary
17		-	Committee Report: Favorable with amendments
18		-	House action: Adopted
19		-	Read second time: February 25, 2025
20	13
21		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
22	15
23	16		AN ACT concerning 1
24	17
25	18		Petition for Guardianship of the Property of Alleged Disabled Person – Stay of 2
26	19		Civil Actions and Proceedings 3
27	20
28		-	FOR the purpose of authorizing a petitioner party to the guardianship of the property of an 4
29		-	alleged disabled person to request a stay of certain civil actions or proceedings on the 5
30		-	filing of a petition for guardianship of the property of an alleged disabled person; 6
31		-	requiring a certain party to the guardianship of the property of an alleged disabled 7
32		-	person to provide certain notice to a court granting a stay and to parties to a civil 8
33		-	action or proceeding; establishing that a stay granted by a court may be in effect only 9
34		-	for a certain period of time; requiring a court to lift a stay of certain civil actions 10
35		-	under certain circumstances; requiring, to effectuate service of process for certain 11
36		-	civil actions against an alleged disabled person, the temporary or permanent 12
37		-	guardian of the property of the disabled person to be served; and generally relating 13
38		-	to petitions for guardianship of the property of an alleged disabled person. 14
	21	+	FOR the purpose of authorizing a petitioner to request a stay of certain civil actions or 4
	22	+	proceedings on the filing of a petition for guardianship of the property of an alleged 5
	23	+	disabled person; requiring, to effectuate service of process for certain civil actions 6
	24	+	against an alleged disabled person, the temporary or permanent guardian of the 7
	25	+	property of the disabled person to be served; and generally relating to petitions for 8
	26	+	guardianship of the property of an alleged disabled person. 9
39	27
40		-	BY adding to 15
41		-	Article – Estates and Trusts 16
42		-	Section 13–223 17
43		-	Annotated Code of Maryland 18
44		-	(2022 Replacement Volume and 2024 Supplement) 19
	28	+	BY adding to 10
	29	+	Article – Estates and Trusts 11
	30	+	Section 13–223 12
	31	+	Annotated Code of Maryland 13
	32	+	(2022 Replacement Volume and 2024 Supplement) 14
45	33
46		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
47		-	That the Laws of Maryland read as follows: 21
48		-	2 HOUSE BILL 756
	34	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
	35	+	That the Laws of Maryland read as follows: 16
49	36
	37	+	Article – Estates and Trusts 17
50	38
51		-	~~Article – Estates and Trusts 1~~
	39	+	13–223. 18
52	40
53		-	13–223. 2
	41	+	(A) ON THE FILING OF A PE TITION FOR GUARDIANS HIP OF THE PROPERTY 19
	42	+	OF AN ALLEGED DISABL ED PERSON, A PETITIONER MAY FILE A REQUEST T O STAY 20
	43	+	ANY OF THE FOLLOWING CIV IL ACTIONS OR PROCEE DINGS AGAINST THE AL LEGED 21
	44	+	DISABLED PERSON : 22
54	45
55		-	(A) ON THE FILING OF A PE TITION FOR GUARDIANS HIP OF THE PROPERTY 3
56		-	OF AN ALLEGED DISABL ED PERSON, A PETITIONER PARTY TO THE GUARDIA NSHIP 4
57		-	MAY FILE A REQUEST TO FOR THE STAY OF ANY OF THE FOLLOWING CIVIL ACTIONS 5
58		-	OR PROCEEDINGS AGAIN ST THE ALLEGED DISAB LED PERSON WITH THE COURT 6
59		-	PRESIDING OVER THE C IVIL ACTION OR PROCE EDING: 7
60		-
61		-	(1) AN ACTION FOR FAILURE TO PAY RENT UNDER § 8–401 OF THE 8
62		-	REAL PROPERTY ARTICLE; 9
63		-
64		-	(2) A WARRANT OF RESTITUTI ON UNDER § 8–401 OF THE REAL 10
65		-	PROPERTY ARTICLE; 11
66		-
67		-	(3) AN ACTION FOR WRONGFU L DETAINER UNDER § 14–132 OF THE 12
68		-	REAL PROPERTY ARTICLE; 13
69		-
70		-	(4) A FORECLOSURE ACTION U NDER § 7–105.1 OF THE REAL 14
71		-	PROPERTY ARTICLE; 15
72		-
73		-	(5) A SHERIFF’S SALE UNDER TITLE 11, SUBTITLE 5 OF THE COURTS 16
74		-	ARTICLE; AND 17
75		-
76		-	(6) AN ACTION AGAINST THE PROPERTY OF THE ALLE GED DISABLED 18
77		-	PERSON. 19
78		-
79		-	(B) A PARTY TO THE GUARDIA NSHIP OF THE PROPERT Y OF AN ALLEGED 20
80		-	DISABLED PERSON REQU ESTING THE STAY OF A N ACTION UNDER SUBSE CTION (A) 21
81		-	OF THIS SECTION SHALL : 22
82		-
83		-	(1) PROVIDE NOTICE OF THE PETITION AND REQUEST TO ALL 23
84		-	PARTIES TO THAT ACTI ON; AND 24
85		-
86		-	(2) NOTIFY A COURT GRANTI NG A STAY UNDER THIS SECTION AND 25
87		-	ANY PARTY TO THE ACT ION OF: 26
88		-
89		-	(I) THE APPOINTMENT OF A TEMPORARY OR PERMANE NT 27
90		-	GUARDIAN OF THE PROP ERTY OF THE DISABLED PERSON; OR 28
91		-
92		-	(II) THE DENIAL , DISMISSAL, OR WITHDRAWAL OF THE 29
93		-	PETITION. 30
94		-	HOUSE BILL 756 3
95		-
96		-
97		-	(C) (1) A STAY UNDER SUBSECTIO N (A) OF THIS SECTION MAY REMAIN IN 1
98		-	EFFECT UNTIL: FOR NOT MORE THAN 90 DAYS AFTER THE FILIN G OF THE PETITION . 2
99		-
100		-	(2) THE COURT SHALL LIFT A STAY UNDER SUBSECT ION (A) OF THIS 3
101		-	SECTION ON: 4
102		-
103		-	(1) (I) THE COURT APPOINTS APPOINTMENT OF A TEMPORARY OR 5
104		-	PERMANENT GUARDIAN O F THE PROPERTY OF TH E DISABLED PERSON , WHICHEVER 6
105		-	OCCURS FIRST; OR 7
106		-
107		-	(2) (II) THE COURT DENIES DENIAL OF THE PETITION. 8
108		-
109		-	(C) (D) (1) TO EFFECTUATE SERVICE OF PROCESS ON AN ALL EGED 9
110		-	DISABLED PERSON FOR AN ACTION STAYED UND ER SUBSECTION (A) OF THIS 10
111		-	SECTION, THE TEMPORARY OR PER MANENT GUARDIAN OF T HE PROPERTY OF THE 11
112		-	DISABLED PERSON , AS APPROPRIATE , MUST BE SERVED . 12
113		-
114		-	(2) AN ACTION STAYED U NDER THIS SECTION MA Y BE DISMISSED IF 13
115		-	SERVICE OF PROCESS I S NOT EFFECTUATED IN COMPLIANCE WITH PARA GRAPH (1) 14
116		-	OF THIS SUBSECTION . 15
117		-
118		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 16
119		-	apply only prospectively and may not be applied or interpreted to have any effect on or 17
120		-	application to any petition for the guardianship of the property of an alleged disabled 18
121		-	person filed before the effective date of this Act. 19
122		-
123		-	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
124		-	October 1, 2025. 21
	46	+	(1) AN ACTION FOR FAILURE TO PAY RENT UNDER § 8–401 OF THE 23
	47	+	REAL PROPERTY ARTICLE; 24 2 HOUSE BILL 756
125	48
126	49
127	50
	51	+	(2) A WARRANT OF RESTITUTI ON UNDER § 8–401 OF THE REAL 1
	52	+	PROPERTY ARTICLE; 2
128	53
129		-	Approved:
130		-	________________________________________________________________________________
131		-	Governor.
132		-	________________________________________________________________________________
133		-	Speaker of the House of Delegates.
134		-	________________________________________________________________________________
135		-	President of the Senate.
	54	+	(3) AN ACTION FOR WRONGFU L DETAINER UNDER § 14–132 OF THE 3
	55	+	REAL PROPERTY ARTICLE; 4
	56	+
	57	+	(4) A FORECLOSURE ACTION U NDER § 7–105.1 OF THE REAL 5
	58	+	PROPERTY ARTICLE; 6
	59	+
	60	+	(5) A SHERIFF’S SALE UNDER TITLE 11, SUBTITLE 5 OF THE COURTS 7
	61	+	ARTICLE; AND 8
	62	+
	63	+	(6) AN ACTION AGAINST THE PROPERTY OF THE ALLE GED DISABLED 9
	64	+	PERSON. 10
	65	+
	66	+	(B) A STAY UNDER SUBSECTIO N (A) OF THIS SECTION MAY REMAIN IN 11
	67	+	EFFECT UNTIL: 12
	68	+
	69	+	(1) THE COURT APPOINTS A TEMPORARY OR PERMANE NT GUARDIAN 13
	70	+	OF THE PROPERTY OF T HE DISABLED PERSON , WHICHEVER OCCURS FIR ST; OR 14
	71	+
	72	+	(2) THE COURT DENIES THE PETITION. 15
	73	+
	74	+	(C) (1) TO EFFECTUATE SERVICE OF PROCESS ON AN ALL EGED DISABLED 16
	75	+	PERSON FOR AN ACTION STAYED UN DER SUBSECTION (A) OF THIS SECTION , THE 17
	76	+	TEMPORARY OR PERMANE NT GUARDIAN OF THE P ROPERTY OF THE DISAB LED 18
	77	+	PERSON, AS APPROPRIATE , MUST BE SERVED . 19
	78	+
	79	+	(2) AN ACTION STAYED UNDE R THIS SECTION MAY B E DISMISSED IF 20
	80	+	SERVICE OF PROCESS I S NOT EFFECTUATED IN COMPLIANCE WITH PARAGRAPH (1) 21
	81	+	OF THIS SUBSECTION . 22
	82	+
	83	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 23
	84	+	apply only prospectively and may not be applied or interpreted to have any effect on or 24
	85	+	application to any petition for the guardianship of the property of an alleged disabled 25
	86	+	person filed before the effective date of this Act. 26
	87	+
	88	+	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
	89	+	October 1, 2025. 28
	90	+