§ 5-1104

Maryland § 5-1104

• Jurisdiction: Maryland
• Article gcj: Courts and Judicial Proceedings
• Title: 5

Text

(a) If, in any proposed transfer of structured settlement payment rights, the structured settlement was established in resolution of a tort claim seeking compensation for cognitive injuries, including any claim arising from childhood exposure to lead paint, the transferee shall:

(1) Notify the court, in the petition filed under this subtitle, that the payee may be cognitively impaired;

(2) Attach to the petition a copy of any complaint that was pending when the structured settlement was established; and

(3) Identify any allegations or statements in the complaint that describe the nature, extent, or consequences of the payee’s cognitive injuries.

(b) (1) In determining whether to authorize a transfer of structured settlement payment rights involving a structured settlement established in resolution of a tort claim seeking compensation for cognitive injuries, including any claim arising from childhood exposure to lead paint, the court shall consider whether to appoint a guardian ad litem for the payee or to require the payee to be examined by an independent mental health specialist designated by the court.

(2) The transferee shall be responsible for the payment of any fees of a guardian ad litem or an independent mental health specialist appointed or designated by the court under this subsection, as set forth in a billing statement specifying to the tenth of an hour the amount of work performed and a reasonable hourly fee for the work.