Md. R. Guard. & Fid. 10-205

As amended through November 13, 2024

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).

(b) Guardianship of Alleged Disabled Person. When the petition is for guardianship of the person of an alleged disabled person, the court shall set the matter for jury trial. The alleged disabled person or the attorney representing the person may waive a jury trial at any time before trial. If a jury trial is held, the jury shall return a verdict pursuant to Rule 2-522(b)(2) as to any alleged disability. Each certificate filed pursuant to Rule 10-202 is admissible as substantive evidence without the presence or testimony of the certifying health care professional unless, not later than 10 days before trial, an interested person who is not an individual under a disability, or the attorney for the alleged disabled person, files a request that the health care professional appear to testify. If the trial date is less than 10 days from the date the response is due, a request that the health care professional appear may be filed at any time before trial. If the alleged disabled person asserts that, because of a disability, the alleged disabled person cannot attend a trial at the courthouse, the court may hold the trial at a place to which the alleged disabled person has reasonable access.

Cross reference: Rules 21-201 and 21-202.

Md. R. Guard. & Fid. 10-205

This Rule is in part derived from former Rule R77 and is in part new.

Adopted June 5, 1996, eff. 1/1/1997. Amended Feb. 10, 1998, eff. 7/1/1998; 1/20/1999, eff. 7/1/1999; 10/5/1999; 11/1/2001, eff. 1/1/2002; 12/4/2007, eff. 1/1/2008; 11/21/2013, eff. 1/1/2014; Dec. 4, 2018, eff. 1/1/2019; amended April 21, 2023, eff. 7/1/2023; amended March 1, 2024, eff. 7/1/2024.

HISTORICAL NOTES

1999 Orders

The October 5, 1999, order, in section (d), added the option of evaluation of a disabled person by a licensed psychologist.

2001 Orders

The November 1, 2001, order, in subsec. (b)(1), in the third sentence, deleted "special preceding "verdict.

2007 Orders

The December 4, 2007, order, rewrote subsec. (b)(1), which previously read:

(1) Generally. When the petition is for guardianship of the person of an alleged disabled person, the court shall set the matter for jury trial. The alleged disabled person or the attorney representing the person may waive a jury trial at any time before trial. If a jury trial is held, the jury shall return a verdict pursuant to Rule 2-522(c) as to any alleged disability. A physician's or psychologist's certificate is admissible as substantive evidence without the presence or testimony of the physician or psychologist unless, not later than 10 days before trial, an interested person who is not an individual under a disability, or the attorney for the alleged disabled person, files a request that the physician or psychologist appear. If the trial date is less than 10 days from the date the response is due, a request that the physician or psychologist appear may be filed at any time before trial. If the alleged disabled person asserts that, because of his or her disability, the alleged disabled person cannot attend a trial at the courthouse, the court may hold the trial at a place to which the alleged disabled person has reasonable access.""

2013 Orders

The November 21, 2013, order, amended Rule to conform an internal reference to the relettering of Rule 2-522.

Derivation:

Maryland Rule of Procedure R77, revised eff. Feb. 2, 1970, amended eff. July 1, 1974; amended April 6, 1984, eff. July 1, 1984, related to proceedings, rescinded June 5, 1996, eff. Jan. 1, 1997.

2018 Orders

The December 4, 2018 order required a hearing on a petition for guardianship of the person of a minor, added a subsection to the cross reference following section (a), deleted subsection (b)(2), and added a cross reference following section (b).