Section 13-207 - Persons entitled to appointment as guardian. - Maryland Statutes

§ 13-207. Persons entitled to appointment as guardian.
 

(a)  Priorities.- Persons are entitled to appointment as guardian for a minor or disabled person according to the following priorities: 

(1) A conservator, committee, guardian of property, or other like fiduciary appointed by any appropriate court of any foreign jurisdiction in which the minor or disabled person resides; 

(2) A person or corporation nominated by the minor or disabled person if the designation was signed by the minor or disabled person after his 16th birthday, and, in the opinion of the court, he had sufficient mental capacity to make an intelligent choice at the time he executed the designation; 

(3) His spouse; 

(4) His parents; 

(5) A person or corporation nominated by the will of a deceased parent; 

(6) His children; 

(7) The persons who would be his heirs if he were dead; 

(8) A person or corporation nominated by a person who, or institution, organization, or public agency which, is caring for him; 

(9) A person or corporation nominated by a governmental agency which is paying benefits to him; and 

(10) Any other person considered appropriate by the court. 

(b)  Waiver and substitution.- A person specified in a priority in subsection (a)(1), (3), (4), (6) or (7) may waive and nominate in writing a person or corporation to serve in his stead. A nominee of a person holding a priority has the same priority as the person making the nomination. 

(c)  Selection by court.- Among persons with equal priority, the court shall select the one best qualified of those willing to serve. For good cause the court may pass over a person with priority and appoint a person with less priority or no priority. 

(d)  Nonresident not disqualified.- Nonresidence does not disqualify any person from serving as guardian. Any nonresident who is appointed cannot qualify until he has on file with the register or clerk an irrevocable designation by him of an appropriate person who resides in the State on whom service of process may be made in the same manner and with the effect as if it were served personally in the State on the nonresident. 

(e)  Certain officials and employees disqualified.- The court may not name an official or employee of a local department of social services, the State Department of Human Resources, a local area agency on aging as defined in § 10-101 of the Human Services Article, or the Department of Aging as guardian of the estate. 
 

[An. Code 1957, art. 93A, § 207; 1974, ch. 11, § 2; 1977, ch. 768, § 1; 1992, ch. 9; 1998, ch. 573, § 5; ch. 574, § 5; 2007, ch. 8, § 1; 2010, chs. 72, 256, 257.]