DesignaciĆ³n estatutaria de tutor en espera
STATUTORY REFERENCE
ALL REFERENCES ARE TO THE MARYLAND CODE
DESIGNATION OF STANDBY GUARDIAN
(Title 13, ĆāĆĀ§ĆāĆĀ§ 13-901 through 13-908)
Unless prohibited by agreement or court order, the surviving parent
of a minor may appoint by will one or more guardians and successor guardians
of the person of an unmarried minor. The guardian need not be approved
by or qualify in any court.
A "standby guardian" is a person appointed by a court 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 designated under ĆāĆĀ§ 13-904 as standby guardian
of the person or property of a minor (whose authority becomes effective
on the incapacity of the minor's parent or on the debilitation and consent
of the parent.
A parent may revoke a standby guardianship before the filing of
a petition, by notifying the standby guardian verbally or in writing or
by any other act that is evidence of a specific intent to revoke the standby
guardianship.
A parent may designate a standby guardian by means of a written
designation:
Signed in the presence of two witnesses, at least 18 years old, neither
of whom is the standby guardian; and
Signed by the standby guardian.
If a parent is physically unable to sign a written designation, another
person may sign the designation on the parent's behalf and at the parent's
direction.
A designation of a standby guardian must identify the parent, the
minor, and the person designated to be the standby guardian, state the
duties of the standby guardian, and indicate that the parent intends for
the standby guardian to become the minor's guardian in the event the parent
either:
Becomes incapacitated; or
Becomes debilitated and consents to the beginning of the standby guardian's
authority.
A parent may designate an alternate standby guardian in the same writing
and by the same manner as the designation of a standby guardian.
Use of the statutory form is not required.
If a parent is physically unable to sign a written consent to the
beginning of the standby guardianship, another person may sign the written
consent to the beginning of the standby guardianship on the parent's behalf
and at the parent's direction. This consent under must be signed
in the presence of the parent and two witnesses at least 18 years of age,
neither of whom may be the standby guardian.
A standby guardian shall file a petition for judicial appointment
within 180 days of the date of the beginning of the standby guardianship.
If the standby guardian fails to file the petition within the time specified,
the standby guardian's authority shall terminate 180 days from the date
of the beginning of the standby guardianship.
A parent may revoke a standby guardianship by notifying the standby
guardian verbally or in writing or by any other act that is evidence of
a specific intent to revoke the standby guardianship.
The beginning of a standby guardian's authority in accordance with
a determination of incapacity, determination of debilitation, or consent
may not, itself, divest a parent of any parental or guardianship rights.
The authority of a standby guardian with respect to the minor is
limited to the express authority granted to the standby guardian by a court.
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