(a) (1) In this section the following words have the meanings indicated. (2) 'Available income' means the portion of income of a Program recipient that the Program recipient is required to contribute to the cost of care for the Program recipient under the Program. (3) 'Disabled person' has the meaning stated in § 13–101 of the Estates and Trusts Article. (4) 'Guardian' means: (i) A guardian of the person; or (ii) A guardian of the property. (5) 'Guardian of the person' means a person who has been appointed by a court as a guardian of the person of a disabled person under § 13–705 of the Estates and Trusts Article. (6) 'Guardian of the property' means a person who has been appointed by a court as a guardian of the property of a disabled person under § 13–201 of the Estates and Trusts Article. (7) 'Guardianship services' means services provided to a recipient who is a disabled person by a guardian while acting in the capacity as a guardian. (8) 'Recipient' means a Program recipient who receives long–term care services and supports under the Program. (b) Subject to subsection (c) of this section, when determining the available income of a recipient who is a disabled person and has a receives long–term care services and supports under the Program. (b) Subject to subsection (c) of this section, when determining the available income of a recipient who is a disabled person and has a guardian, the Department shall include as part of the personal needs allowance guardianship fees payable for guardianship services. (c) The personal needs allowance for guardianship fees shall be as follows: (1) If one person is serving as both the guardian of the person and the guardian of the property of the recipient, the personal needs allowance shall be $50 per month; and (2) If one person is serving as the guardian of the person of the recipient and a different person is serving as the guardian of the property of the recipient, the personal needs allowance shall be $50 per month for each guardian.
Maryland Legal Code