About Statutes

This page accesses the Code of Maryland (Statutes) and the Maryland Municipal Charters and Resolutions as compiled and maintained by the Department of Legislative Services.

The Code is arranged by and organized into “Articles” (e.g. Transportation Article), which are further subdivided into “titles”, “subtitles”, “sections”, “subsections”, “paragraphs”, subparagraphs”, etc.

Note that the “official” compilation of the laws (Chapters) enacted at each session of the General Assembly is published by the State as the “Laws of Maryland”, commonly referred to as the “Session Laws”. The Session Laws for each session are compiled chronologically by chapter number and serve as the source law from which the statutes accessed here are derived.

While the “Laws of Maryland” (Session Laws) constitute the official laws of the State, this Code and the annotated versions noted below are accepted as “evidence” of the law in all State courts and by all public offices and officials (See § 10-201 of the Courts & Judicial Proceedings Article). However, in the event of a conflict between the Code and the Session Laws, the Session Laws prevail.

Note: Annotated versions of the Code, published by LexisNexis and West, are available in book and online formats. These Annotated Codes include references to case law, related citations, and explanatory notations.

The Municipal Charters are updated each year by incorporating all charter resolutions received by the Department through May 31 of that year. Individual Municipal Resolutions are published to the General Assembly website as they are received by the Department.

Statute Text

Article - Estates and Trusts
(a)   The court may:
(1)   Superintend and direct the care of a disabled person;
(2)   Appoint a guardian of the person; and
(3)   Pass orders and decrees respecting the person as seems proper, including an order directing the disabled person to be sent to a hospital.
(b)   Procedures in these cases shall be as prescribed by the Maryland Rules and in accordance with the provisions of this subtitle and Title 13.5 of this article.
(c)    (1)   On the filing of a petition for attorney’s fees made in reasonable detail by an interested person or an attorney employed by the interested person, the court may order reasonable and necessary attorney’s fees incurred in bringing a petition for appointment of a guardian of the person of a disabled person to be paid from the estate of the disabled person.
(2)   Before ordering the payment of attorney’s fees under paragraph (1) of this subsection, the court shall consider:
(i)   The financial resources and needs of the disabled person; and
(ii)   Whether there was substantial justification for the filing of the petition for guardianship.
(3)   On a finding by the court of an absence of substantial justification for bringing the petition for guardianship, the court shall deny a petition for attorney’s fees filed under paragraph (1) of this subsection.
(4)   The court may not award attorney’s fees under paragraph (1) of this subsection if the petition for guardianship is brought by:
(i)   A government agency paying benefits to the disabled person;
(ii)   A local department of social services; or
(iii)   An agency eligible to serve as the guardian of the disabled person under § 13–707 of this subtitle.