Guardianship Laws in Maryland (2026): Your Step-by-Step Survival Guide

Most people have no idea how complex guardianship can be. Seriously. You might think it’s as simple as saying “I’ll take care of them.” But in Maryland, guardianship is a formal court process with strict rules, deadlines, and ongoing responsibilities.

Whether you’re trying to protect a child, an aging parent, or a loved one with a disability, this guide breaks it all down. Let’s get into it.

What Is Guardianship?

Guardianship is a legal process. A court appoints someone to make decisions for a person who can’t make those decisions alone. That person might be a child, a disabled adult, or an elderly person with dementia.

In Maryland, that person is called the “ward.” The person making decisions for them is the “guardian.” Pretty straightforward, right?

There are two main types of guardianship in Maryland. Understanding them is important before you do anything else.

The Two Types of Guardianship in Maryland

Guardianship of the Person means you handle someone’s daily life decisions. Think healthcare, housing, food, clothing, and social choices. You’re basically stepping in as their decision-maker for personal matters.

Guardianship of the Property means you manage someone’s money and assets. That includes collecting income, paying bills, handling investments, and filing taxes.

Here’s where it gets interesting. One person can serve as both guardian of the person and guardian of the property. Or the court can appoint two different people for each role. The court decides what works best.

Wondering which type you need? It depends on the situation. If someone just needs help with finances, you might only need property guardianship. If they need help with daily care, you need personal guardianship. Often families ask for both.

Who Needs a Guardian in Maryland?

Maryland courts step in when someone can no longer care for themselves or manage their finances. This usually happens due to age, illness, or disability.

For adults, the person is called an “alleged disabled person” until the court officially decides. That matters. The court must see real medical evidence before appointing a guardian.

For children, a guardian is needed when neither parent is capable of serving as guardian. This could be due to death, disability, or another reason the court finds valid.

Hold on, this part is important. Maryland law says guardianship should only be appointed when there is no less restrictive alternative available. The court must check for other options first. More on those alternatives later.

Who Can File for Guardianship?

Not just anyone can file. Maryland law limits who counts as an “interested person.” This includes family members, close friends, government agencies, and others with a genuine connection to the ward.

If you’re not sure if you qualify, talk to a lawyer first. Filing if you’re not an interested person could get your case dismissed.

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Also, not everyone can be a guardian. Maryland law bans people convicted of certain crimes from serving as guardian. This is covered under Maryland Code, Estates and Trusts Article, Section 11-114.

Basic Guardianship Laws in Maryland

Guardianship of a Minor

To get guardianship of a child, you file a petition in Maryland Circuit Court. The court where you file depends on where the child lives.

If the child lives in Maryland, file in the circuit court of the county where the child lives. If the child is not a Maryland resident but is physically present in the state, you can file in the county where the child is located.

You’re not alone in this. Confused about where to file? Just go to your local circuit court clerk’s office and ask.

Parent consent is key. If both parents are alive, you must try to get their consent before filing. If you cannot find or contact a parent, you need to file an affidavit explaining every step you took to locate them.

Guardianship of an Adult

For adults, the process starts the same way. You file a petition in the Maryland Circuit Court in the county where the person lives. If they are hospitalized, you can file in the county where they are receiving medical care.

The court will look at medical evidence to decide if guardianship is needed. You’ll need certificates showing the person’s disability from doctors or other qualified professionals.

Once you file, the court assigns an attorney to represent the person you’re seeking guardianship over. This is required by Maryland law. It protects the person’s rights during the legal process.

The Step-by-Step Guardianship Process

Okay, here’s where things get serious. Let’s walk through the actual steps so you know exactly what to expect.

Step 1: Watch the Orientation Video. Before anything else, Maryland requires all prospective guardians to watch an orientation video. It’s on the Maryland Courts website. After watching, you fill out a certificate of completion and file it with the court. This became required starting January 1, 2018.

Step 2: File Your Petition. Download the correct form from the Maryland Courts website. For a minor, use form CC-GN-001. For an adult, use form CC-GN-002. The filing fee is $165, paid to the Clerk of Court.

Step 3: Serve All Interested Parties. After filing, you must formally notify everyone involved. This includes family members and other interested persons. Maryland law requires proper service, often by certified mail. Don’t skip this step. It can sink your case.

Step 4: Attend the Hearing. A judge will hear the case. Both sides can speak. Medical evidence is reviewed. The court decides if guardianship is needed and who should be the guardian.

Step 5: Complete Guardian Training. Once appointed, you must complete a training program within a specific timeframe. Guardians of the person have 120 days after appointment to finish. This covers your responsibilities, how to make decisions, and community resources available to help.

Costs of Guardianship in Maryland

Let’s talk money. This is the part most people miss.

The initial filing fee is $165. That gets the process started. But there are more costs after that.

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Medical evaluations to prove incapacity typically cost between $300 and $1,000. Attorney fees vary widely depending on how complicated the case is. If family members contest the guardianship, expect costs to go up.

There’s also an annual filing fee for guardians of property. This fee is based on the total value of the ward’s assets at the end of each year.

Think of it like homeownership. There’s a down payment, but there are also ongoing costs you need to plan for. Guardianship is no different.

If you can’t afford the fees, you’re not out of luck. Ask the court to waive fees by filing a Request for Waiver of Prepaid Costs (form CC-DC-089).

Ongoing Duties After Appointment

Your job doesn’t end when the court appoints you. Not even close.

Annual Reports Are Required. If you’re a guardian of the person, you must file an annual report within 60 days of the anniversary date of your appointment each year. This report covers the ward’s living arrangements, physical and mental condition, and plans for their future care.

If you’re a guardian of the property, you must file an Annual Fiduciary Report covering all financial activity. Supporting documents are required. A filing fee is due when you submit this report.

The court is the ultimate guardian. It monitors everything. Missing these reports is a serious problem. You could face removal as guardian.

Also, any legal fees over $50 paid from the guardianship estate must have court approval first. Keep detailed records of everything.

Alternatives to Guardianship

Wait, it gets better. You might not need guardianship at all.

Maryland courts are required to consider less restrictive alternatives before approving guardianship. This is a big deal. Courts take it seriously.

Some alternatives include a Durable Power of Attorney, which lets someone legally act on another person’s behalf for financial matters. A Maryland Advance Healthcare Directive lets someone name a healthcare agent for medical decisions. A Revocable Living Trust can manage assets without court involvement.

These alternatives are faster and usually cheaper than full guardianship. If they work for your situation, they’re worth exploring first.

Temporary or Emergency Guardianship

Sometimes you can’t wait for the full process. That’s where temporary guardianship comes in.

In emergencies, a court can appoint a temporary guardian quickly. This is for urgent situations when someone faces immediate risk. A family member or close friend is typically appointed. If no one is available, the court can appoint a public guardian.

Honestly, this option is a lifesaver in real emergencies. But it’s meant to be short-term. You’ll still need to pursue regular guardianship afterward.

Can Guardianship Be Contested?

Yes. Family members can disagree. It happens more than you think.

If someone contests the guardianship, be prepared for a longer process. You may need more medical testimony, financial records, and legal help. The court always focuses on the best interest of the ward.

A friend asked me about this recently. Her family was divided over who should be guardian for their mom. The court stepped in and made the final call. That’s exactly what the court is designed to do.

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Can Guardianship End?

Yes. Guardianship is not always permanent.

For a minor, guardianship usually ends when the child turns 18 or is adopted. For an adult, it can end if the person regains capacity or passes away. The court can also remove a guardian for cause if they fail to follow the rules.

If you need to transfer guardianship to another state, Maryland Code Section 13.5-301 covers the process.

How to Report Concerns About a Guardian

Think someone is abusing their role as a guardian? Report it.

You can contact your local circuit court’s trust office to raise concerns. The court has the power to investigate and remove a guardian who is not acting in the ward’s best interest.

You can also contact Maryland Legal Aid if you need help and can’t afford an attorney. Services may be free based on your income.

Frequently Asked Questions

How long does the Maryland guardianship process take? It varies. An uncontested case might take a few months. Contested cases can take much longer. Complexity and court schedules both affect the timeline.

Do I need a lawyer to file for guardianship in Maryland? You are not required to have one, but it is strongly recommended. The paperwork is detailed, and mistakes can delay or dismiss your case. A lawyer helps you get it right the first time.

Can two people share guardianship in Maryland? Yes. Co-guardians can be appointed. Both co-guardians typically must sign any required reports filed with the court.

What if I can’t afford the filing fees? You can request a fee waiver by filing form CC-DC-089. The court will review your financial situation and may waive the fees.

Can a guardian be paid for their work? Yes, in some cases. Compensation must be approved by the court. Any fees over $50 paid from the guardianship estate require court approval.

What crimes disqualify someone from being a guardian in Maryland? Certain criminal convictions under Maryland Code, Estates and Trusts Article, Section 11-114 can disqualify someone. The court has some discretion to make exceptions if good cause exists.

What is the difference between guardianship and power of attorney? Power of attorney is a private document. Guardianship is a court process. A power of attorney can be set up without going to court, but guardianship requires a judge’s approval.

Final Thoughts

Maryland’s guardianship laws exist to protect vulnerable people. They’re serious, detailed, and require real commitment. But now you know the basics.

Start by exploring alternatives. If guardianship is truly needed, watch the orientation video, file the right forms, and meet every deadline. When in doubt, talk to a licensed Maryland attorney. This is one area where getting professional help is totally worth it.

You’ve got this. Stay informed and take it one step at a time.