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Statutes Text

Article - Estates and Trusts




§13–901.

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

    (b)    “Adverse immigration action” includes:

        (1)    Arrest or apprehension by a law enforcement officer for an alleged violation of federal immigration law;

        (2)    Detention or custody by the Department of Homeland Security or a federal, State, or local agency authorized or acting on behalf of the Department of Homeland Security;

        (3)    Departure from the United States under an order of removal, deportation, exclusion, voluntary departure, or expedited removal, or a stipulation of voluntary departure;

        (4)    The denial, revocation, or delay of the issuance of a visa or transportation letter by the Department of State;

        (5)    The denial, revocation, or delay of the issuance of a parole document or reentry permit by the Department of Homeland Security; or

        (6)    The denial of admission or entry into the United States by the Department of Homeland Security.

    (c)    (1)    “Attending physician” means a physician who has primary responsibility for the treatment and care of a parent described under this subtitle.

        (2)    If more than one physician shares the responsibility for the treatment and care of a parent or if another physician is acting on the attending physician’s behalf, any physician described in this paragraph may act as the attending physician under this subtitle.

        (3)    If no physician has responsibility for the treatment and care of a parent, any physician who is familiar with the parent’s medical condition may act as the attending physician under this subtitle.

    (d)    (1)    “Debilitation” means a person’s chronic and substantial inability, as a result of a physically incapacitating illness, disease, or injury, to care for the person’s dependent minor child.

        (2)    “Debilitated” means the state of having a debilitation.

    (e)    (1)    “Incapacity” means a person’s chronic and substantial inability, as a result of mental impairment, to understand the nature and consequences of decisions concerning the care of the person’s dependent minor child, and a consequent inability to care for the child.

        (2)    “Incapacitated” means the state of having an incapacity.

    (f)    “Standby guardian” means a person:

        (1)    Appointed by a court under § 13–903 of this subtitle as standby guardian of the person or property of a minor, whose authority becomes effective on the incapacity or death of the minor’s parent, or on the consent of the parent; or

        (2)    Designated under § 13–904 of this subtitle as standby guardian of the person or property of a minor, whose authority becomes effective on the incapacity of the minor’s parent, on the debilitation and consent of the parent, or in the event of an adverse immigration action against the parent and the consent of the parent.