Family Law - Incapacitated or Protected Persons - Petition for Visitation

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0134*

HOUSE BILL 134
D4 6lr1339
(PRE–FILED)
By: Delegate Vogel
Requested: October 27, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Family Law – Incapacitated or Protected Persons – Petition for Visitation 2

FOR the purpose of establishing a rebuttable presumption relating to the best interest of 3
an alleged incapacitated or protected person in an action under this Act; authorizing 4
a certain person to petition a certain court for reasonable visitation with a certain 5
alleged incapacitated or protected person; authoriz ing the court to impose certain 6
restrictions on a certain visitation; establishing a certain immunity from civil 7
liability under certain circumstances; requiring an authorized decision maker to 8
provide certain notifications within a certain period of time under certain 9
circumstances; and generally relating to visitation of alleged incapacitated or 10
protected persons. 11

BY adding to 12
Article – Family Law 13
Section 15–101 through 15–103 to be under the new title “Title 15. Visitation” 14
Annotated Code of Maryland 15
(2019 Replacement Volume and 2025 Supplement) 16

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18

Article – Family Law 19

TITLE 15. VISITATION. 20

15–101. 21

(A) IN THIS TITLE THE FOLLOWING WORDS HAVE THE MEANINGS 22
INDICATED. 23
2 HOUSE BILL 134

(B) “ALLEGED INCAPACITATED OR PROTECTED PERSON ” MEANS THE 1
PERSON THE PETITIONER SEEKS TO VISIT. 2

(C) “HEALTH CARE FACILITY” MEANS: 3

(1) AN ASSISTED LIVING PROGRAM; 4

(2) A HOSPICE; 5

(3) A HOSPITAL; OR 6

(4) A NURSING HOME. 7

(D) (1) “INTERESTED PARTY” MEANS A PERSON WHO IS: 8

(I) APPOINTED AS A GUARD IAN OF THE PERSON UN DER § 9
13–705 OF THE ESTATES AND TRUSTS ARTICLE; 10

(II) APPOINTED AS A GUARD IAN OF THE PROPERTY UNDER § 11
13–201 OF THE ESTATES AND TRUSTS ARTICLE; 12

(III) AN AGENT UNDER AN AD VANCE DIRECTIVE THAT IS VALID 13
UNDER TITLE 5, SUBTITLE 6 OF THE HEALTH – GENERAL ARTICLE; 14

(IV) A SURROGATE DECISION MAKER UNDER § 5–605 OF THE 15
HEALTH – GENERAL ARTICLE; OR 16

(V) AN ATTORNEY IN FACT UNDER A DURABLE POWE R OF 17
ATTORNEY THAT IS VALID UNDER TITLE 17 OF THE ESTATES AND TRUSTS ARTICLE. 18

(2) “INTERESTED PARTY” DOES NOT INCLUDE A PERSON DESCRIBED 19
UNDER § 13–707(A)(10) OF THE ESTATES AND TRUSTS ARTICLE. 20

(E) “PETITIONER” MEANS A PERSON WHO FILES A PETITION INDIVIDUALLY 21
OR JOINTLY WITH ANOT HER PERSON UNDER SUB SECTION (D) OF THIS SECTION 22
SEEKING VISITATION WITH AN ALLEGED INCAPACITATED OR PROTECTED PERSON. 23

(F) “VISIT” OR “VISITATION” MEANS ANY IN –PERSON MEETING , OR ANY 24
TELEPHONIC, MAIL, OR ELECTRONIC COMMUNICATION, BETWEEN THE PETITIONER 25
AND THE ALLEGED INCAPACITATED OR PROTECTED PERSON. 26

15–102. 27

HOUSE BILL 134 3

IT IS THE INTENT OF THE GENERAL ASSEMBLY TO RECOGNIZE THE RIGHT OF 1
EVERY ADULT IN THE STATE TO HAVE VISITAT ION WITH WHOMEVER THE ADULT 2
CHOOSES, UNLESS A COURT HAS S PECIFICALLY ORDERED OTHERWISE OR THE 3
ADULT IS INCAPACITAT ED AND THE VISITATIO N IS NOT IN THE ADUL T’S BEST 4
INTEREST. 5

15–103. 6

(A) THERE IS A REBUTTABLE PRESUMPTION IN AN AC TION UNDER THIS 7
SECTION THAT IT IS I N THE BEST INTEREST OF AN ALLEGED INCAPACITATED OR 8
PROTECTED PERSON TO HAVE VISITATION FROM: 9

(1) THE SPOUSE OF THE PE RSON, IF THE SPOUSE AND TH E PERSON 10
ARE NOT LEGALLY SEPARATED; 11

(2) THE ADULT CHILDREN OF THE PERSON; 12

(3) THE ADULT GRANDCHILDREN OF THE PERSON; 13

(4) THE PARENTS OF THE PERSON; 14

(5) THE ADULT SIBLINGS OF THE PERSON; AND 15

(6) OTHER INTERESTED PARTIES. 16

(B) (1) A PERSON LISTED IN SUB SECTION (A) OF THIS SECTION MAY 17
PETITION THE COURT , IN THE JURISDICTION IN WHICH THE ALLEGED 18
INCAPACITATED OR PRO TECTED PERSON RESIDE S OR IN THE COURT TH AT 19
APPOINTED A GUARDIAN OF THE PERSON FOR TH AT PERSON , FOR REASONABLE 20
VISITATION BY THAT P ETITIONER WITH THE ALLEGED INC APACITATED OR 21
PROTECTED PERSON. 22

(2) A PETITION MAY NOT BE MADE UNDER PARA GRAPH (1) OF THIS 23
SUBSECTION IF THE AU THORIZED DECISION MA KER OF THE ALLEGED 24
INCAPACITATED OR PROTECTED PERSON IS A PUBLIC GUARDIAN. 25

(C) A PETITION DESCRIBED IN SUBSECTION (B) OF THIS SECTION SHALL: 26

(1) BE VERIFIED AND STATE FACTS SHOWING: 27

(I) THAT THE PETITIONER IS A PERSON LISTED IN SUBSECTION 28
(A) OF THIS SECTION; 29

4 HOUSE BILL 134

(II) THAT VISITATION BY T HE PETITIONER WITH T HE ALLEGED 1
INCAPACITATED OR PRO TECTED PERSON HAS BE EN UNREASONABLY INTE RFERED 2
WITH OR DENIED; AND 3

(III) THE IDENTITY OF THE PERSON OR PERSONS WHO HAVE 4
UNREASONABLY INTERFERED WITH OR DENIED VISITATION; AND 5

(2) INCLUDE A STATEMENT BY THE PETITIONER TH AT THE 6
PETITIONER AGREES TO ABIDE BY ANY ORDER O F THE COURT ISSUED A S A 7
CONDITION OF EVALUAT ING THE PETITION AND THE PETITIONER , INCLUDING A 8
BACKGROUND CHECK , JUDGMENT SEARCH , OR MENTAL HEALTH SCR EENING OR 9
EVALUATION. 10

(D) THE PETITIONER SHALL PERSONALLY SERVE A COPY OF THE PETITION 11
ON: 12

(1) THE ALLEGED INCAPACITATED OR PROTECTED PERSON; 13

(2) THE ATTORNEY FOR THE ALLEGED INCAP ACITATED OR 14
PROTECTED PERSON; 15

(3) THE GUARDIAN OF THE PERSON OF THE ALLEGE D 16
INCAPACITATED OR PROTECTED PERSON, IF ANY; 17

(4) THE AUTHORIZED DECIS ION MAKER FOR THE AL LEGED 18
INCAPACITATED OR PROTECTED PERSON; 19

(5) THE ATTENDING PHYSIC IAN, NURSE PRACT ITIONER, OR 20
PHYSICIAN ASSISTANT FOR THE ALLEGED INCAPACITATED OR PROTECTED PERSON; 21

(6) THE PRINCIPAL ADMINI STRATOR, OR THE ADMINISTRATOR ’S 22
DESIGNEE, AND THE MEDICAL DIRECTOR OF A HEALTH CARE FACILITY PROVIDING 23
SERVICES TO THE ALLEGED INCAPACITATED OR PROTECTED PERSON, IF ANY; AND 24

(7) ANY PERSON ALLEGED T O HAVE INTERFERED WI TH OR DENIED 25
VISITATION. 26

(E) (1) AT ANY HEARING ON THE PETITION, IF EVIDENCE IS PRESENTED 27
THAT THE ALLEGED INC APACITATED OR PROTEC TED PERSON OBJECTS T O THE 28
PETITION OR HAS IN T HE PAST EXPRESSED AN OB JECTION TO VISITATION BY THE 29
PETITIONER, THE BURDEN OF PROOF DESCRIBED IN SUBSECT ION (A) OF THIS 30
SECTION SHALL SHIFT TO THE PETITIONER TO PROVE, BY CLEAR AND CONVINCING 31
EVIDENCE, THAT THE ALLEGATION OF AN ALLEGED INCAPACITATED OR PROTECTED 32
PERSON’S CURRENT OR PRIOR OBJECTION WAS NOT BASED ON RELIABLE EVIDENCE. 33
HOUSE BILL 134 5

(2) THE PRESUMPTION DESCR IBED IN SUBSECTION (A) OF THIS 1
SECTION MAY BE REBUT TED BY CLEAR AND CON VINCING EVIDENCE THA T THE 2
VISITATION WOULD NOT BE IN THE BEST INTER ESTS OF THE A LLEGED 3
INCAPACITATED OR PROTECTED PERSON BECAUSE: 4

(I) THE PETITIONER HAS COMMITTED PHYSICAL OR FINANCIAL 5
ABUSE OR NEGLECT OR HAS BE EN THE SUBJECT OF A PROTECTIVE ORDER ISSUED 6
BY A COURT THAT RESTRICTED OR PROHIBITED CONDUCT BY THE PETITIONER; 7

(II) VISITATION IS CONTRARY TO THE WISHES OF THE ALLEGED 8
INCAPACITATED OR PROTECTED PERSON; 9

(III) THE AUTHORIZED DECISION MAKER IS ACTING BASED ON A 10
RECOMMENDATION OF AN ATTENDING PHYSICIAN OR A PROTECTIVE ORDER ISSUED 11
BY A COURT; 12

(IV) THE PETITIONER ’S AFFIDAVIT DOES NOT QUALIFY THE 13
PETITIONER AS AN INTERESTED PARTY; 14

(V) STATEMENTS, WRITINGS, OR ACTIONS BY THE AL LEGED 15
INCAPACITATED OR PRO TECTED PERSON DEMONS TRATE THAT THE ALLEG ED 16
INCAPACITATED OR PROTECTED PERSON: 17

1. DOES NOT W ANT VISITATION WITH THE PETITIONER; 18
OR 19

2. INTENDED TO VEST COM PLETE AUTHORITY OVER 20
VISITATION WITH THE AUTHORIZED DECISION MAKER; OR 21

(VI) THE VISITATION WOULD BE HARMFUL TO THE HE ALTH OR 22
MENTAL WELL–BEING OF THE ALLEGED INCAPACITATED OR PROTECTED PERSON. 23

(F) (1) IN RULING ON A PETITI ON UNDER THIS SECTIO N, THE COURT 24
SHALL ISSUE A STATEMENT OF FACTS AND LAW. 25

(2) THE COURT MAY IMPOSE REASONABLE RESTRICTI ONS ON A 26
VISITATION ORDERED U NDER THIS SECTION , INCLUDING TIME AND F REQUENCY 27
LIMITATIONS AND REQUIRING THAT VISIT ATIONS BE MONITORED AT THE 28
PETITIONER’S EXPENSE. 29

(G) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE COURT 30
MAY ASSESS COSTS OF THE PETITION OR VISI TATION, INCLUDING THE COST O F 31
MONITORING VISITS, TO THE PETITIONER UNDER THIS SECTION. 32
6 HOUSE BILL 134

(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE COURT 1
MAY ASSESS SANCTIONS , IN THE AMOUNT OF THE REASONABLE ATTORNEY’S FEES 2
INCURRED, AGAINST A PETITIONER WHO FILES A PETITION UNDER THIS SECTION IN 3
BAD FAITH OR AGAINST A PARTY THAT IS CLAI MED TO HAVE UNJUSTIFIABLY 4
INTERFERED WITH OR DENIED VISITATION. 5

(3) NO COSTS OR SANCTIONS UNDER THIS SECTION MAY BE ASSESSED 6
AGAINST THE ALLEGED INCAPACITATED OR PRO TECTED PERSON WHO IS THE 7
SUBJECT OF THE PETITION. 8

(4) AN AUTHORIZED DECISION MAKER, A HEALTH CARE FACILITY, OR 9
AN EMPLOYEE OR AGENT OF A HEALTH CARE FACILITY WHO DENIES OR RESTRICTS 10
A VISIT OR VISITATIO N SHALL BE IMMUNE FR OM CIVIL LIABILITY I F THE 11
RESTRICTION OR DENIAL IS BASED ON: 12

(I) A COURT ORDER ISSUED TO DENY OR RESTRICT VISITATION; 13
OR 14

(II) A GOOD FAITH BELIEF THAT A VISIT OR VISI TATION IS NOT 15
IN THE BEST INTEREST OF AN ALLEGED INCAPACITATED OR PROTECTED PERSON. 16

(H) ON WRITTEN REQUEST BY AN INTERESTED PARTY , AN AUTHORIZED 17
DECISION MAKER SHALL , WITHIN 72 HOURS AFTER RECEIPT OF THE REQUEST , 18
IDENTIFY IN WRITING OR BY ELECTRONIC COMMUNICATION: 19

(1) THE HEALTH CARE FACI LITY OR OTHER LOCATI ON WHERE THE 20
ALLEGED INCAPACITATED OR PROTECTED PERSON IS RESIDING; 21

(2) ALL CURRENT FUNERAL ARRANGEMENTS; OR 22

(3) THE BURIAL LOCATION OR DISPOSITION OF THE BODY OF THE 23
DECEASED ALLEGED INCAPACITATED OR PROTECTED PERSON. 24

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2026. 26