# Estates and Trusts (GET)

## Title 13. Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults

### Subtitle 1

#### Section 13-101

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

(b) "ABLE account" means an account described under 26 U.S.C. Sec. 529A(e).

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

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

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

  (3) CARE homes under Title 6, Subtitle 5, Part II of the Human Services Article;

  (4) Adult foster care homes regulated by the Department of Human Services; or

  (5) Senior assisted housing facilities under Title 10 of the Human Services Article.

(d) "Court" means the court having jurisdiction under Sec. 13-105 of this subtitle.

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

(f) "Disabled person" means, unless the context requires otherwise, a person other than a minor who:

  (1)

    (i) Has been judged by a court to be unable to manage the person's property for reasons listed in Sec. 13-201(c)(1) of this title; and

    (ii) As a result of this inability requires a guardian of the person's  property; or

  (2)

    (i) Has been judged by a court to be unable to provide for the person's daily needs sufficiently to protect the person's health or safety for reasons listed in Sec. 13-705(b) of this title; and

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

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

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

(i) "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.

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

(k)

  (1) "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 Sec. 13-707 of this title.

  (2) 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 that person.

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

(m) "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 Sec. 10-101(i) of the Health - General Article or Sec. 3-101(g) of the Criminal Procedure Article, intellectual disability as defined in Sec. 7-101(m) of the Health - General Article, or drug addiction or for chronic alcoholics.

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

(o) "Pooled asset special needs trust" means a trust described under 42 U.S.C. Sec. 1396p(d)(4)(C).

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

(q) "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.

(r) "Special needs trust" means a trust described under 42 U.S.C. Sec. 1396p(d)(4)(A).

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

#### Section 13-102

(a) The purposes of this title are:

  (1) To simplify the administration of the estates of minors and disabled persons;

  (2) To reduce the expenses of administration;

  (3) To clarify the law governing the estates of minors and disabled persons; and

  (4) To eliminate certain provisions of existing law which are archaic, often meaningless under modern procedures, and no longer useful.

(b) This article shall be liberally construed and applied to promote its underlying purposes.

#### Section 13-103

For the purposes of this title, verification is sufficient if made in accordance with the provisions of Sec. 1-102(a) and (b) of this article.

#### Section 13-104

For the purposes of this title, notice is sufficient if given in accordance with the provisions of Sec. 1-103(a), (b), and (c) of this article.

#### Section 13-105

(a)

  (1) The orphans' courts and the circuit courts have concurrent jurisdiction over guardians of the person of a minor and over protective proceedings for minors.

  (2) Upon petition of an interested person, a matter initiated in the orphans' court may be transferred to the circuit court.

(b) Subject to Title 13.5 of this article, the circuit courts have exclusive jurisdiction over protective proceedings for disabled persons.

(c)

  (1) An orphans' court may exercise jurisdiction over guardianship of the person of a minor if the presiding judge of the orphans' court is a member of the bar, regardless of whether the minor who is the subject of the petition for guardianship of the person has property, may inherit property, or is destitute.

  (2) An orphans' court that exercises jurisdiction or is requested to exercise jurisdiction under this subsection may:

    (i) Transfer the matter to the circuit court on a finding that the best interests of the child require utilization of the equitable powers of the circuit court; and

    (ii) Waive the costs, if any, of a transfer under this paragraph.

#### Section 13-106

(a) An orphans' court has full power to secure the rights of a minor whose estate is being administered by a guardian under its jurisdiction.

(b)

  (1) The orphans' court, under the pretext of incidental power or constructive authority, may not exercise jurisdiction not expressly conferred by law.

  (2) The orphans' court is governed by the provisions of Sec.Sec. 2-102 through 2-105 of this article.

#### Section 13-107

If appropriate to proceedings under this title, the powers and duties of the register of wills in proceedings in the orphans' court are the same as the powers and duties of the registers under Title 2, Subtitle 2 of this article.

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Md. Code Ann., Est. & Trusts (as displayed at mgaleg.maryland.gov, October 16, 2026)