Md. R. Guard. & Fid. 10-304

As amended through October 15, 2024

Rule 10-304 - Hearing

(a)Hearing Required. Before ruling on a petition for guardianship of the property, the court shall hold a hearing and give notice of the time and place of the hearing to all interested persons. Upon motion by an alleged disabled person asserting that, because of the alleged disabled person's disability, the alleged disabled person cannot attend a hearing at the courthouse, the court may hold the hearing at a place to which the alleged disabled person has reasonable access.

Cross reference: See Code, Estates and Trusts Article, § 13-211 and Rule 21-201.

(b)Request for Attendance of Health Care Professional. When the petition is for guardianship of the property of a disabled person, each certificate filed pursuant to Rule 10-202 is admissible as substantive evidence without the presence or testimony of the 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 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.

Md. R. Guard. & Fid. 10-304

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

Adopted June 5, 1996, eff. 1/1/1997. Amended eff. 10/5/1999; 12/4/2007, eff. 1/1/2008; Dec. 4, 2018, eff. 1/1/2019; amended April 21, 2023, eff. 7/1/2023.

HISTORICAL NOTES

1999 Orders

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

2007 Orders

The December 4, 2007, order, rewrote section (c), which previously read:

(c) Request for Attendance of Physician or Psychologist. When the petition is for guardianship of the property of a disabled person, a physician's or psychologist's certificate that complies with Rule 10-202 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 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."

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 property, and added a cross reference following section (a).