Petition for Guardianship of the Property of Alleged Disabled Person - Stay of Civil Actions and Proceedings, the official text

WES MOORE, Governor                  Ch. 538

Chapter 538

                   (House Bill 426)

AN ACT concerning

Petition for Guardianship of the Property of Alleged Disabled Person – Stay of
                                     Civil Actions and Proceedings

FOR the purpose of authorizing a party to the guardianship of the property of an alleged
         disabled person to request a stay of certain civil actions or proceedings on the filing
         of a petition for guardianship of the property of an alleged disabled person; requiring
         a certain party to the guardianship of the property of an alleged disabled person to
         provide certain notice to a court granting a stay and to parties to a civil action or
         proceeding; establishing that a stay granted by a court may be in effect only for a
         certain period of time, subject to a certain exception; requiring a court to
         automatically lift a stay of certain civil actions under certain circumstances;
         requiring, to effectuate service of process for certain civil actions against an alleged
         disabled person, the temporary or permanent guardian of the property of the
         disabled person to be served; and generally relating to petitions for guardianship of
         the property of an alleged disabled person.

BY adding to
         Article – Estates and Trusts
         Section 13–223
         Annotated Code of Maryland
         (2022 Replacement Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Estates and Trusts

13–223.

        (A) ON THE FILING OF A PETITION FOR GUARDIANSHIP OF THE PROPERTY
OF AN ALLEGED DISABLED PERSON, A PARTY TO THE GUARDIANSHIP MAY FILE A

REQUEST FOR THE STAY OF ANY OF THE FOLLOWING CIVIL ACTIONS OR
PROCEEDINGS AGAINST THE ALLEGED DISABLED PERSON WITH THE COURT

PRESIDING OVER THE CIVIL ACTION OR PROCEEDING:

                (1) AN ACTION FOR FAILURE TO PAY RENT UNDER § 8–401 OF THE
REAL PROPERTY ARTICLE;

                (2) A WARRANT OF RESTITUTION UNDER § 8–401 OF THE REAL
PROPERTY ARTICLE;

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Ch. 538    2026 LAWS OF MARYLAND

                (3) AN ACTION FOR WRONGFUL DETAINER UNDER § 14–132 OF THE
REAL PROPERTY ARTICLE;

                (4) A FORECLOSURE ACTION UNDER § 7–105.1 OF THE REAL
PROPERTY ARTICLE;

                (5) A SHERIFF’S SALE UNDER TITLE 11, SUBTITLE 5 OF THE COURTS
ARTICLE; AND

                (6) AN ACTION AGAINST THE PROPERTY OF THE ALLEGED DISABLED
PERSON.

        (B) A PARTY TO THE GUARDIANSHIP OF THE PROPERTY OF AN ALLEGED
DISABLED PERSON REQUESTING THE STAY OF AN ACTION UNDER SUBSECTION (A)
OF THIS SECTION SHALL:

                (1) PROVIDE NOTICE OF THE PETITION AND REQUEST TO ALL
PARTIES TO THAT THE ACTION FOR WHICH THE STAY IS SOUGHT; AND

                (2) NOTIFY WITHIN 90 DAYS AFTER FILING THE PETITION OR THE
PERIOD OF THE STAY DETERMINED UNDER SUBSECTION (C)(1) OF THIS SECTION,

NOTIFY A COURT GRANTING A STAY UNDER THIS SECTION AND ANY PARTY TO THE

THAT ACTION OF:

                         (I) THE APPOINTMENT OF A TEMPORARY OR PERMANENT
GUARDIAN OF THE PROPERTY OF THE DISABLED PERSON; OR

           (II) THE DENIAL, DISMISSAL, OR WITHDRAWAL OF THE

PETITION.

        (C) (1) A UNLESS EXTENDED FOR GOOD CAUSE, A STAY UNDER
SUBSECTION (A) OF THIS SECTION MAY REMAIN IN EFFECT FOR NOT MORE THAN 90
DAYS AFTER THE FILING OF THE PETITION.

                (2) THE COURT SHALL LIFT A STAY UNDER SUBSECTION (A) OF THIS
SECTION SHALL AUTOMATICALLY BE LIFTED ON:

                         (I) THE APPOINTMENT OF A TEMPORARY OR PERMANENT
GUARDIAN OF THE PROPERTY OF THE DISABLED PERSON, WHICHEVER OCCURS
FIRST; OR

           (II) THE DENIAL OF THE PETITION.

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WES MOORE, Governor  Ch. 538

        (D) TO EFFECTUATE SERVICE OF PROCESS ON AN ALLEGED DISABLED
PERSON FOR AN ACTION STAYED UNDER SUBSECTION (A) OF THIS SECTION, THE

TEMPORARY OR PERMANENT GUARDIAN OF THE PROPERTY OF THE DISABLED

PERSON, AS APPROPRIATE, MUST BE SERVED.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to
apply only prospectively and may not be applied or interpreted to have any effect on or
application to any petition for the guardianship of the property of an alleged disabled
person filed before the effective date of this Act.

         SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.

Approved by the Governor, May 12, 2026.

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