Maryland Estates and Trusts Section 13-101

Article - Estates and Trusts

§ 13-101.

      (a)      In this title the following words have the meanings indicated.

      (b)      "Classification of abode" means one of the following types of abode licensed or certified by a State agency:

            (1)      Related institutions under § 19-114 of the Health - General Article;

            (2)      Private or public group homes under § 7-601 of the Health - General Article;

            (3)      Care homes under Article 88A, § 138 of the Code;

            (4)      Adult foster care homes under Article 88A, §§ 3(a) and 5 of the Code; or

            (5)      Senior assisted housing facilities under Article 70B, § 4(a)(1) of the Code.

      (c)      "Court" means the court having jurisdiction under § 13-105.

      (d)      "Director" means the director of the local department of social services in the political subdivision where the adult requiring protective services lives.

      (e)      "Disabled person" means a person other than a minor who:

            (1)      (i)      Has been judged by a court to be unable to manage his property for reasons listed in § 13-201(c)(1) of this title; and

                  (ii)      As a result of this inability requires a guardian of his property; or

            (2)      (i)      Has been judged by a court to be unable to provide for his daily needs sufficiently to protect his health or safety for reasons listed in § 13-705(b) of this title; and

                  (ii)      As a result of this inability requires a guardian of the person.

      (f)      "Emergency" means that a person is living in conditions which present a substantial risk of death or immediate and serious physical harm to himself or others.

      (g)      "Estate" is the property of a disabled person or minor which is subject to a protective proceeding.

      (h)      "Guardian" means a guardian of an estate appointed by a court under Subtitle 2 of this title to manage the property of a disabled person or minor or a guardian of a person appointed by a court under Subtitle 7 of this title, according to the context in which it is used.

      (i)      "Heirs" denotes those persons entitled under the laws of Maryland to the property of a protected person, as if he had died intestate at the applicable time.

      (j)      "Interested person" means the guardian, the heirs of the minor or disabled person, any governmental agency paying benefits to the minor or disabled person, or any person or agency eligible to serve as guardian of the disabled person under § 13-707 of this title. If an interested person is also a minor or a disabled person, interested person also includes a judicially appointed guardian, committee, conservator, or trustee for that person, or, if none, the parent or other person having assumed responsibility for him.

      (k)      "Maryland Rules" has the meaning stated in § 1-101(o) of this article.

      (l)      "Mental facility" means any place providing a clinic, hospital, day residential or other programs, public or private, other than a veterans' hospital, which purports to or does provide treatment for persons suffering from mental disorders as defined in § 10-101(f) or § 3-101(g) of the Criminal Procedure Article, mental retardation as defined in § 7-101(l) of the Health - General Article, or drug addiction or for chronic alcoholics.

      (m)      A "minor" is a person who has not reached the age of 18.

      (n)      "Property" includes both real and personal property.

      (o)      "Protective proceeding" is a proceeding to protect an estate in accordance with Subtitle 2 of this title or a proceeding to appoint a guardian of the person brought pursuant to Subtitle 7 of this title.

      (p)      "Trust company" has the meaning stated in § 1-101 of this article.