2023 Maryland Statutes
Estates and Trusts
Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults
Subtitle 7 - Guardian of the Person
Part I - Minors
Section 13-702 - Court Appointment of Guardian of a Minor or Representative of Minor Crime Victim

    (a)    (1)    On petition by any person interested in the welfare of the minor, and after notice and hearing as prescribed by the Maryland Rules, the court may appoint a guardian of the person of an unmarried minor if the court finds, by a preponderance of the evidence, that:

            (i)    The appointment is in the best interests of the minor;

            (ii)    No testamentary appointment has been made; and

            (iii)    1.    No parent is willing or able to serve as guardian of the person of the minor;

                2.    Each parent consents to the appointment of the guardian of the person; or

                3.    No parent files an objection to the appointment of the guardian of the person.

        (2)    If the minor is at least 14 years old, and if the person otherwise is qualified, the court shall appoint a person designated by the minor, unless the decision is not in the best interests of the minor.

        (3)    This section may not be construed to require court appointment of a guardian of the person of a minor if there is no good reason, such as a dispute, for a court appointment.

        (4)    This subsection may not be construed to provide that the appointment of a guardian of the person of a minor requires the termination of any parental rights with respect to the minor under Title 5 of the Family Law Article.

    (b)    (1)    Venue in proceedings under this subtitle shall be as prescribed by the Maryland Rules.

        (2)    The contents of the petition and the manner of giving notice of the hearing on the petition shall be as prescribed by the Maryland Rules.

    (c)    If there is no victim’s representative who can adequately assert the minor’s rights as a victim of a crime or a delinquent act and no court has appointed a guardian ad litem to protect the minor’s interests, the rights, duties, and powers that the court may order the guardian to exercise shall include serving as a victim’s representative to assert the minor’s interests.