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Maryland Petition for Removal of Guardian and Appointment of a Substituted or Successor Guardian

State:
Maryland
Control #:
MD-SKU-0286
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PDF
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Petition for Removal of Guardian and Appointment of a Substituted or Successor Guardian

The Maryland Petition for Removal of Guardian and Appointment of a Substituted or Successor Guardian is a legal document used to request the removal of a guardian and the appointment of a new guardian for a minor or an incapacitated individual. This petition is processed in the Circuit Court of the county where the minor or incapacitated person resides. The petitioner must provide a valid reason for the removal of the guardian, such as a guardian's death, moving out of state, or a guardian's inability to provide adequate care due to illness or incapacity. The petition must also include information about the proposed substitute or successor guardian, including their name, address, and background information. There are two types of Maryland Petition for Removal of Guardian and Appointment of Substituted or Successor Guardian: 1. Petition for Removal of Guardian and Appointment of Substituted Guardian: This petition is used to request the removal of the current guardian and the appointment of a new guardian. 2. Petition for Removal of Guardian and Appointment of Successor Guardian: This petition is used to request the removal of the current guardian and the appointment of a successor guardian who has been appointed by the current guardian to take over as guardian in the event of the guardian's death or incapacity.

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FAQ

To remove a guardian in Maryland, you must file a petition with the court. A Maryland Petition for Removal of Guardian and Appointment of a Substituted or Successor Guardian outlines your reasons for seeking a change in guardianship. The court will evaluate your petition, considering the circumstances and the best interests of the person under guardianship before making a final decision.

A guardianship is usually indefinite, though the ward may petition the court at any point to end the guardianship if they feel the situation is no longer necessary. A temporary guardianship, meanwhile, typically ends after a set date.

A guardian shall file a petition within 45 days after discovery that grounds for termination exist. (3)Venue. The petition shall be filed in the court that appointed the guardian or that has assumed jurisdiction over the fiduciary estate.

§10?207. (a) To the extent included in federal adjusted gross income, the amounts under this section are subtracted from the federal adjusted gross income of a resident to determine Maryland adjusted gross income.

A guardianship of the person may be terminated upon the filing of a petition in ance with this section if the court, after notice and hearing, finds that any of the following grounds exist: (A) the cessation of the disability; (B) the emancipation of a minor who has not attained the age of majority; or (C) any

Rule 10-711 - Resignation of Fiduciary and Appointment of Substituted or Successor Fiduciary (a) Commencement of Action. A fiduciary may file a petition to resign. The petition shall state the reasons for the resignation and may request the appointment of a substituted or successor fiduciary.

Guardian of the Property ? A guardian of the property manages the disabled person's financial affairs and makes financial decisions that are in their best interests. Examples of financial decisions include collecting income, applying for benefits, managing property, and paying bills.

A successor guardian is someone who takes over for the current guardian, and a co-guardian is someone who is appointed to share in the duties of the current guardian.

Just as with guardian of the person, you must file a petition with the court to terminate the guardianship if the ward dies or has recovered from the disability that required the guardianship. If the ward dies, you must also file with the court the ward's death certificate and a final accounting of the ward's assets.

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Maryland Petition for Removal of Guardian and Appointment of a Substituted or Successor Guardian