Title 13. Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults — Subtitle 8
Statutes in effect as of October 1, 2026.
Md. Code Ann., Est. & Trusts § 13-801 (2026)
Title 13. Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults
Subtitle 8
§ 13–801LinkCopy Citation
(a)
The Secretary of Veterans Affairs shall be an interested person in:
(1)
Any proceeding for the appointment, removal, or discharge of any guardian who is receiving or expects to receive any money from the U.S. Department of Veterans Affairs for a minor or disabled person who is a U.S. Department of Veterans Affairs beneficiary; and
(2)
Any suit or other proceeding affecting in any manner the administration by the guardian of the estate of any present or former beneficiary which includes assets derived in whole or in part from benefits paid by the U.S. Department of Veterans Affairs to the guardian or the guardian’s predecessor for the beneficiary.
(b)
Notice of a suit or proceeding shall be given to the office of the U.S. Department of Veterans Affairs having jurisdiction over the area in which the suit or proceeding is pending at least 15 days before any hearing unless notice is waived in writing.
Md. Code Ann., Est. & Trusts § 13-802 (2026)
Title 13. Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults
Subtitle 8
§ 13–802LinkCopy Citation
If a petition is filed for the appointment of a guardian for a minor who is a U.S. Department of Veterans Affairs beneficiary, a certificate of the Secretary or the Secretary’s authorized representative, setting forth the age of the minor as shown by the records of the U.S. Department of Veterans Affairs and the fact that appointment of a guardian is a condition precedent to the payment of any money due the minor from the U.S. Department of Veterans Affairs shall be prima facie evidence of the necessity for the appointment.
Md. Code Ann., Est. & Trusts § 13-803 (2026)
Title 13. Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults
Subtitle 8
§ 13–803LinkCopy Citation
(a)
The court, on the request of the U.S. Department of Veterans Affairs, shall require a guardian, other than a corporate guardian, to furnish a bond, preferably a corporate surety bond with sureties approved by the court, conditioned on faithful discharge of all duties of the guardianship according to law, if:
(1)
The U.S. Department of Veterans Affairs is paying or planning to pay benefits to a person to be protected because of a legal disability; or
(2)
A person to be protected because of a legal disability has an estate that includes assets derived in whole or in part from benefits paid by the U.S. Department of Veterans Affairs to the guardian or the guardian’s predecessor for the benefit of the person.
(b)
(1)
The amount of the bond may not be less than the estate derived from U.S. Department of Veterans Affairs benefits paid to the guardian or the guardian’s predecessor and anticipated income of the beneficiary from the U.S. Department of Veterans Affairs during the ensuing year, less the value of securities or money deposited with an insured financial institution, as defined in § 13–301(h) of this title, under arrangements requiring an order of the court for their removal, and the value of any land which the guardian, by express limitation of power, lacks powers to sell or convey without court authorization.
(2)
The court for good cause shown may require the amount of the bond to be changed.
(3)
Bond premiums shall be charged against the estate of the beneficiary.
Md. Code Ann., Est. & Trusts § 13-804 (2026)
Title 13. Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults
Subtitle 8
§ 13–804LinkCopy Citation
(a)
Every guardian of a beneficiary who is receiving benefits from the U.S. Department of Veterans Affairs or whose estate includes assets derived in whole or in part from benefits paid by the U.S. Department of Veterans Affairs to the guardian or the guardian’s predecessor for the beneficiary shall file:
(1)
(i)
Annual accounts with each interested person or with the court; or
(ii)
If the guardian does not file an accounting with the court, the guardian shall file with the court a written verification that the guardian has delivered the accounting to each interested person;
(2)
A final account of the guardian’s administration with the court on the guardian’s resignation or removal or on the termination of the minority or disability; and
(3)
Intermediate accounts at the times as the court may direct.
(b)
(1)
(i)
The guardian, at the time of filing any account with the court, shall exhibit all securities or investments the guardian holds to the judge or clerk of the court of the guardian’s appointment.
(ii)
The judge or clerk of the court of the guardian’s appointment shall endorse on the account and copy a certificate that the securities or investments shown therein as held by the guardian were each exhibited to the judge or clerk of the court and noting any omission or discrepancy.
(2)
(i)
The guardian may exhibit the securities or investments to an officer of the bank or other depository where the securities or investments are held for safekeeping, to the judge or clerk of a court of record in this State, to an authorized representative of the corporation which is surety on the guardian’s bond, or on request of the guardian or other interested party, to any other reputable person designated by the court.
(ii)
Any person to whom the guardian exhibited securities or investments under subparagraph (i) of this paragraph shall certify in writing that the person has examined the securities or investments and identified them with those described in the account and shall note any omission or discrepancies.
(3)
The certificate, and the certificate of an official of the bank in which are deposited any funds for which the guardian is accountable, showing the amount on deposit, shall be prepared and signed in duplicate and one of each shall be filed by the guardian with the guardian’s account.
(c)
(1)
At the time of filing in the court any account, a certified copy of it and a signed duplicate of each certificate filed with the court shall be sent by the guardian to the office of the U.S. Department of Veterans Affairs having jurisdiction over the area in which the court is located.
(2)
A duplicate signed copy or a certified copy of any petition, motion or other pleading pertaining to an account, or to any matter other than an account which is filed in a guardianship proceeding, in which the Secretary of Veterans Affairs is an interested person, shall be furnished by the persons filing it to the proper office of the U.S. Department of Veterans Affairs.
Md. Code Ann., Est. & Trusts § 13-805 (2026)
Title 13. Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults
Subtitle 8
§ 13–805LinkCopy Citation
(a)
Every guardian of a U.S. Department of Veterans Affairs beneficiary shall invest the surplus funds of the estate of the beneficiary derived from U.S. Department of Veterans Affairs benefits paid to the guardian or the guardian’s predecessor for the beneficiary in securities or property authorized under the laws of this State but only upon prior order of the court.
(b)
Notwithstanding subsection (a) of this section, the funds may be invested, without prior court authorization, in:
(1)
Direct unconditional interest–bearing obligations of this State or of the United States;
(2)
Banks and savings and loan associations whose deposits are federally insured;
(3)
Obligations the interest and principal of which are unconditionally guaranteed by the United States; or
(4)
Securities of, or other interests in, any no–load open–end management type investment company or investment trust registered under the provisions of the federal Investment Company Act of 1940, 15 U.S.C. § 80a–1, et seq., if:
(i)
The portfolio of the no–load open–end management type investment company or investment trust is limited to obligations of the United States government and to repurchase agreements fully collateralized by United States government obligations;
(ii)
The no–load open–end management type investment company or investment trust takes delivery of that collateral, either directly or through an authorized custodian; and
(iii)
The no–load open–end management type investment company or investment trust does not impose a contingent deferred sales charge or distribution charge.
(c)
A signed duplicate or certified copy of the petition for authority to invest shall be furnished the proper office of the U.S. Department of Veterans Affairs, and notice of hearing upon it shall be given the office.
Md. Code Ann., Est. & Trusts § 13-806 (2026)
Title 13. Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults
Subtitle 8
§ 13–806LinkCopy Citation
No commission or compensation may be allowed a guardian of a U.S. Department of Veterans Affairs beneficiary on the money or other assets received from a prior fiduciary nor on the amount received from liquidation of loans or other investments if the money, assets, loans or investments were derived in whole or in part from benefits paid by the U.S. Department of Veterans Affairs to the guardian or the guardian’s predecessor for the beneficiary.