Guardianship is a legal process that appoints a responsible person or entity, known as a guardian, to make decisions on behalf of an individual who is unable to manage their own personal and/or financial affairs. In Maryland, guardianship can apply to minors, adults with disabilities, and elderly individuals who are no longer capable of making informed decisions. 

This guide provides an in-depth look into when and how guardianship is established in Maryland, the responsibilities of a guardian, and the steps involved in obtaining guardianship.

When Is Guardianship Established?

Guardianship in Maryland may be necessary in various situations, including:

• Minors: If a child’s parents are unable to care for them due to death, the court may appoint a guardian to ensure the child’s needs are met.
• Adults with Disabilities: Adults who are unable to make decisions due to intellectual disabilities, mental illness, brain injuries, or severe developmental disorders may require a guardian. This guardianship helps protect their personal and/or financial well-being.
• Elderly Individuals: Older adults suffering from dementia, Alzheimer’s disease, or other conditions that impair their decision-making abilities may need a guardian to manage their medical, financial, and/or personal affairs.

Types of Guardianship in Maryland

Maryland law recognizes different types of guardianships, each tailored to meet the specific needs of the individual:

• Guardian of the Person: This type of guardian is responsible for the personal well-being of the individual, including decisions about healthcare, living arrangements, and education (for minors).
• Guardian of the Property: This guardian manages the financial affairs of the individual, such as paying bills, managing investments, and handling income. This role is often separate from the guardian of the person but can be combined.

How Is Guardianship Established in Maryland?

Establishing guardianship involves several steps to ensure the process is fair and in the best interests of the individual:

• Filing a Petition: The process begins with filing a petition for guardianship in the circuit court of the county where the individual resides. The petitioner must provide detailed information about the individual’s condition, the reasons why guardianship is necessary, and must include two medical certifications identifying the individual’s medical or developmental limitations.
• Notice and Service: Once the petition is filed, all interested parties, including the individual for whom guardianship is sought and their family members, must be notified. This allows them to contest the guardianship if they believe it is not in the best interest of the individual.
• Appointment of an Attorney: The court will  appoint an attorney to represent the individual’s best interests, since the individual may be unable to represent themselves due to their condition.
• Court Hearing: A court hearing is held where the petitioner presents evidence, and other interested parties can voice their opinions. The court examines all evidence to determine whether guardianship is necessary and, if so, what type of guardianship is appropriate.
• Issuance of Guardianship Order: If the court finds that guardianship is necessary, it will issue an order appointing a guardian. The order outlines the guardian’s duties and the extent of their authority.
• Ongoing Oversight: Guardians in Maryland are subject to ongoing court oversight, including regular reporting requirements. Guardians must file annual reports detailing the individual’s condition and any financial transactions made on their behalf.

Responsibilities of a Guardian

A guardian’s responsibilities vary based on the type of guardianship but generally include:

• For Guardians of the Person: Making decisions about the individual’s healthcare, living arrangements, education, and overall welfare. They must act in the best interests of the individual, considering their wishes as much as possible.
• For Guardians of the Property: Managing the individual’s assets responsibly, avoiding conflicts of interest, keeping detailed financial records, and seeking court approval for significant transactions.

Guardians must always act in the best interests of the individual, balancing respect for the individual’s autonomy with the need to protect their well-being.

Alternatives to Guardianship

Before pursuing guardianship, it may be a good idea to consider less restrictive alternatives that may be appropriate, such as:

• Power of Attorney: A legal document that allows an individual to appoint someone to make financial or healthcare decisions on their behalf without the need for court intervention.
• Advance Directives: These include living wills and healthcare proxies, allowing individuals to outline their wishes regarding medical treatment and designate someone to make healthcare decisions for them.

Contact Us Today

Guardianship is an important legal tool that helps protect the most vulnerable individuals in Maryland, ensuring that their personal and financial needs are met when they cannot make decisions on their own. The process is thorough and designed to safeguard the rights of the individual while providing the necessary support.

If you are considering guardianship for a loved one or need guidance on whether guardianship is the right option, the experienced attorneys at Rodier Family Law are here to help. Located in Bel Air, Maryland, our team is dedicated to providing compassionate and knowledgeable legal support throughout the guardianship process. 

Contact us today to learn more about how we can assist you.