In this title the following words have the meanings indicated. “Conservator” means a person appointed by a court to administer the property of an adult, including a person appointed as guardian under Title 13, Subtitle 2 of this article to manage the property of a disabled person. “Emergency” means a circumstance that likely will result in a substantial harm to the health, safety, or welfare of a respondent, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on behalf of the respondent. “Guardian” means a person appointed by a court to make decisions regarding the person of an adult, including a person appointed under Title 13, Subtitle 7 of this article. “Guardianship order” means an order appointing a guardian. “Guardianship proceeding” means a proceeding in which an order for the appointment of a guardian is sought or has been issued. “Home state” means the state in which the respondent was physically present for at least 6 consecutive months, including a period of temporary absence, immediately before the filing of a petition for the appointment of a guardian or protective order. “Incapacitated person” means an adult for whom a guardian has been appointed, including a “disabled person” as defined in § 13–101 of this article. “Party” means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding. “Protected person” means an adult for whom a protective order has been made. “Protective order” means an order appointing a conservator or a guardian of the property in accordance with Title 13, Subtitle 2 of this article, or another court order related to management of an adult’s property. “Protective proceeding” means a judicial proceeding in which a protective order is sought or has been issued. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. “Respondent” means an adult for whom a protective order or the appointment of a guardian is sought. “Significant–connection state” means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available. Determination of whether a respondent has a significant connection with a particular state shall include consideration of the following factors: The location of the family of the respondent and others required to be notified of the guardianship or protective proceeding; The length of time the respondent at any time was physically present in the state and the duration of any absences; The location of the respondent’s property; and The extent to which the respondent has other ties to the state such as voting registration, filing of state or local tax returns, vehicle registration, driver’s license, social relationships, and receipt of services.� “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.

Subject to subsection (b) of this section, a court of this State may treat a foreign country as if the country were a state for the purpose of applying Subtitles 1, 2, 3, and 5 of this title. Unless a court of this State finds by a preponderance of the evidence that a foreign country applies and follows substantive and procedural due process consistent with the practices and policies of the State of Maryland, the court: May not request a court in the foreign country to issue an order or hold a hearing; May not decline to exercise jurisdiction if, by declining jurisdiction in this State, a court in the foreign country may obtain jurisdiction; May not dismiss or stay a proceeding in this State requested or ordered by a court in the foreign country; May not determine that a court in the foreign country is an appropriate forum; May decline to comply with notice requirements of the foreign country or this title; May proceed with the case if this State is otherwise an appropriate forum; May not issue an order or provisional order to transfer a guardianship or conservatorship to the foreign country; and May not recognize under any provision of law a guardianship or conservatorship order from the foreign country.

A court of this State may communicate with a court in another state concerning a proceeding arising under this title. The court may allow the parties to participate in a communication described in paragraph (1) of this subsection. Except as otherwise provided in subsection (b) of this section, the court shall make a record of the communication. A record described in this paragraph may be limited to the fact that the communication occurred. A court communicating with a court in another state under this section may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.

In a guardianship or protective proceeding in this State, a court of this State may request the appropriate court of another state to: Hold an evidentiary hearing; Order a person in the other state to produce or give evidence in accordance with procedures of that state; Order that an evaluation or assessment be made of the respondent, or order an appropriate investigation of a person involved in a proceeding; Forward to the court of this State a certified copy of the transcript or other record of a hearing under item (1) of this subsection or any other proceeding, evidence otherwise presented under item (2) of this subsection, and any evaluation or assessment prepared in compliance with a request under item (3) of this subsection; Issue any other order necessary to ensure the appearance of a person necessary to make a determination, including the respondent or the incapacitated or protected person; and Issue an order authorizing the release of medical, financial, criminal, or other relevant information in the other state, including protected health information as defined in 45 C.F.R. § 164.504. If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a) of this section, a court of this State has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.

In a guardianship proceeding or protective proceeding, in addition to other procedures that may be available, testimony of witnesses who are located in another state may be offered by deposition or other means allowable in this State for testimony taken in the other state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms on which the testimony is to be taken. In a guardianship proceeding or protective proceeding, a court in this State may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this State shall cooperate with courts of other states in designating an appropriate location for a deposition or testimony in a guardianship proceeding or protective proceeding under this section.