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Statutes Text

Article - Estates and Trusts




§13–211.    IN EFFECT

    (a)    There shall be no jury trial in protective proceedings. Procedures for notice to interested persons, the forms of petitions, and the conduct of and requirements at hearings are as provided in the Maryland Rules.

    (b)    Unless the alleged disabled person has chosen counsel, the court shall appoint an attorney to represent the alleged disabled person in the proceeding.

§13–211.    ** TAKES EFFECT OCTOBER 1, 2023 PER CHAPTERS 628 AND 629 OF 2022 **

    (a)    (1)    There shall be no jury trial in protective proceedings.

        (2)    Procedures for notice to interested persons, the forms of petitions, and the conduct of and requirements at hearings are as provided in the Maryland Rules.

    (b)    (1)    Unless the alleged disabled person has chosen counsel, the court shall appoint an attorney to represent the alleged disabled person in the proceeding.

        (2)    If the alleged disabled person is indigent, the State shall pay a reasonable attorney’s fee.

        (3)    In any action in which payment for the services of a court–appointed attorney for the alleged disabled person is the responsibility of the local department of social services, unless the court finds that it would not be in the best interests of the alleged disabled person, the court shall:

            (i)    Appoint an attorney who has contracted with the Department of Human Services to provide those services, in accordance with the terms of the contract; and

            (ii)    In an action in which an attorney has previously been appointed, strike the appearance of the attorney previously appointed and appoint the attorney who is currently under contract with the Department of Human Services, in accordance with the terms of the contract, unless the previously appointed attorney is willing to accept the same fee and the court does not find a conflict of interest.



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