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*hb0426*
HOUSE BILL 426
N2, O3, D3 (6lr2335)
ENROLLED BILL
— Judiciary/Judicial Proceedings —
Introduced by Delegates J. Long, Alston, Pasteur, and Woods
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _________ ______ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Petition for Guardianship of the Property of Alleged Disabled Person – Stay of 2
Civil Actions and Proceedings 3
FOR the purpose of authorizing a party to the guardianship of the property of an alleged 4
disabled person to request a stay of certain civil actions or proceedings on the filing 5
of a petition for guardianship of the property of an alleged disabled person; requiring 6
a certain party to the guardianship of the property of an alleged disabled person to 7
provide certain notice to a court granting a stay and to parties to a civil action or 8
proceeding; establishing that a stay granted by a court may b e in effect only for a 9
certain period of time , subject to a certain exception ; requiring a court to 10
automatically lift a stay of certain civil actions under certain circumstances; 11
requiring, to effectuate service of process for certain civil actions against an alleged 12
disabled person, the temporary or permanent guardian of the property of the 13
disabled person to be served; and generally relating to petitions for guardianship of 14
the property of an alleged disabled person. 15
2 HOUSE BILL 426
BY adding to 1
Article – Estates and Trusts 2
Section 13–223 3
Annotated Code of Maryland 4
(2022 Replacement Volume and 2025 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Estates and Trusts 8
13–223. 9
(A) ON THE FILING OF A PE TITION FOR GUARDIANSHIP OF THE PROPERTY 10
OF AN ALLEGED DISABL ED PERSON, A PARTY TO THE GUARD IANSHIP MAY FILE A 11
REQUEST FOR THE STAY OF ANY OF THE FOLLOWING CIVIL ACTIONS OR 12
PROCEEDINGS AGAINST THE ALLEGED DISABLED PERSON WITH THE COUR T 13
PRESIDING OVER THE CIVIL ACTION OR PROCEEDING: 14
(1) AN ACTION FOR FAILURE TO PAY RENT UNDER § 8–401 OF THE 15
REAL PROPERTY ARTICLE; 16
(2) A WARRANT OF RESTITUTI ON UNDER § 8–401 OF THE REAL 17
PROPERTY ARTICLE; 18
(3) AN ACTION FOR WRONGFU L DETAINER UNDER § 14–132 OF THE 19
REAL PROPERTY ARTICLE; 20
(4) A FORECLOSURE ACTION U NDER § 7–105.1 OF THE REAL 21
PROPERTY ARTICLE; 22
(5) A SHERIFF’S SALE UNDER TITLE 11, SUBTITLE 5 OF THE COURTS 23
ARTICLE; AND 24
(6) AN ACTION AGAINST THE PROPERTY OF THE ALLEGED DISABLED 25
PERSON. 26
(B) A PARTY TO THE GUARDIA NSHIP OF THE PROPERT Y OF AN ALLEGED 27
DISABLED PERSON REQUESTING THE STAY OF A N ACTION UNDER SUBSE CTION (A) 28
OF THIS SECTION SHALL: 29
(1) PROVIDE NOTICE OF THE PETITION AND REQUEST TO ALL 30
PARTIES TO THAT THE ACTION FOR WHICH THE STAY IS SOUGHT; AND 31
HOUSE BILL 426 3
(2) NOTIFY WITHIN 90 DAYS AFTER FILING TH E PETITION OR THE 1
PERIOD OF THE STAY D ETERMINED UNDER SUBS ECTION (C)(1) OF THIS SECTION , 2
NOTIFY A COURT GRANTING A S TAY UNDER THIS SECTI ON AND ANY PARTY TO THE 3
THAT ACTION OF: 4
(I) THE APPOINTMENT OF A TEMPORARY OR PERMANE NT 5
GUARDIAN OF THE PROPERTY OF THE DISABLED PERSON; OR 6
(II) THE DENIAL , DISMISSAL, OR WITHDRAWAL OF THE 7
PETITION. 8
(C) (1) A UNLESS EXTENDED FOR G OOD CAUSE , A STAY UNDER 9
SUBSECTION (A) OF THIS SECTION MAY REMAIN IN EFFECT FOR NOT MORE THAN 90 10
DAYS AFTER THE FILING OF THE PETITION. 11
(2) THE COURT SHALL LIFT A STAY UNDER SUBSECTION (A) OF THIS 12
SECTION SHALL AUTOMATICALLY BE LIFTED ON: 13
(I) THE APPOINTMENT OF A TEMPORARY OR PERMA NENT 14
GUARDIAN OF THE PROP ERTY OF THE DISABLED PERSON, WHICHEVER OCCURS 15
FIRST; OR 16
(II) THE DENIAL OF THE PETITION. 17
(D) TO EFFECTUATE SERVICE OF PROCESS ON AN ALL EGED DISABLED 18
PERSON FOR AN ACTION STAYED UNDER SUBSECT ION (A) OF TH IS SECTION, THE 19
TEMPORARY OR PERMANE NT GUARDIAN OF THE P ROPERTY OF THE DISAB LED 20
PERSON, AS APPROPRIATE, MUST BE SERVED. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 22
apply only prospectively and may not be applied or interpre ted to have any effect on or 23
application to any petition for the guardianship of the property of an alleged disabled 24
person filed before the effective date of this Act. 25
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2026. 27