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Maryland Petition for Resignation of Guardian of the Person and Appointment of Substituted or Successor Guardian

State:
Maryland
Control #:
MD-SKU-1251
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PDF
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Petition for Resignation of Guardian of the Person and Appointment of Substituted or Successor Guardian

The Maryland Petition for Resignation of Guardian of the Person and Appointment of Substituted or Successor Guardian is a legal form used in the state of Maryland to remove a guardian of the person for a minor or incapacitated adult. This form is used when a guardian decides that it is in the best interest of the ward to remove themselves from their guardianship and appoint a substitute. The petition must be filed with the court by the guardian or by the court on its own motion. The two types of Maryland Petition for Resignation of Guardian of the Person and Appointment of Substituted or Successor Guardian are: 1. Petition for Resignation of Guardian of Minor: This petition is used when a guardian of a minor wishes to resign their guardianship. The petition must include a proposed substitute guardian, who must be approved by the court. 2. Petition for Resignation of Guardian of Incapacitated Person: This petition is used when a guardian of an incapacitated adult wishes to resign their guardianship. The petition must include a proposed substitute guardian, who must be approved by the court.

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FAQ

To remove a guardian in Maryland, you'll need to file a petition with the court explaining why the guardianship is no longer appropriate. The court requires evidence supporting your case, assessing the best interests of the individual under guardianship. Should you wish to resign, consider the Maryland Petition for Resignation of Guardian of the Person and Appointment of Substituted or Successor Guardian to ensure all procedural requirements are met.

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.

Rule 10-712 - REMOVAL FOR CAUSE OR OTHER SANCTIONS (a) On Court's Initiative. The court that has already assumed jurisdiction over the guardianship or estate may order a fiduciary to show cause why the fiduciary should not be removed or be subject to other sanctions for failure to perform the duties of that office.

Rule 10-205 - Hearing (a) Guardianship of the Person of a Minor. Before ruling on a petition for guardianship of the person of a minor, the court shall hold a hearing and give notice of the time and place of the hearing to all interested persons. Cross reference: Code, Estates and Trusts Article, § 13-702(a).

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.

Maryland Rule 10-201 and 10-301 advises that an interested person may file a Petition for Guardianship.

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.

Rule 10-210 - Petition for Assumption of Jurisdiction-Emergency Protective Services (a) Who May File. Any interested person may file a petition requesting a court to authorize emergency protective services.

§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.

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Maryland Petition for Resignation of Guardian of the Person and Appointment of Substituted or Successor Guardian