If someone’s health condition prevents them from making decisions regarding their medical care and finances, they may need a court appointed adult guardian.
How to Become an Adult Guardian in Maryland
We routinely provide advice regarding the guardianship rules and processes. Here is an overview on how to become an adult guardian in Maryland.
Decide on guardianship type
As a petitioner, you need to determine if you are seeking to become guardian of the person, guardian of the property, or both.
As a petitioner, you need to determine if you are seeking to become guardian of the person, guardian of the property, or both.
File a petition
The petition needs to include two certificates that prove the alleged disabled person lacks the ability to make rational decisions regarding health or finances.
The petition needs to include two certificates that prove the alleged disabled person lacks the ability to make rational decisions regarding health or finances.
Appoint the attorney
If the disabled person doesn’t already have representation, then the court will appoint an attorney to act as their advocate.
If the disabled person doesn’t already have representation, then the court will appoint an attorney to act as their advocate.
Inform all interested persons
There is a deadline (usually 20 days) for all interested persons (including immediate family members) to voice any opposition regarding the initial petition.
There is a deadline (usually 20 days) for all interested persons (including immediate family members) to voice any opposition regarding the initial petition.
Settle a contested guardianship
This step occurs only if there is any opposition or issues regarding who should be appointed as guardian.
This step occurs only if there is any opposition or issues regarding who should be appointed as guardian.
Appoint the guardian
In a contested guardianship, the court will rank the contestants by legal standards and determine the guardian. If there is no opposition, the guardianship is considered uncontested.
In a contested guardianship, the court will rank the contestants by legal standards and determine the guardian. If there is no opposition, the guardianship is considered uncontested.
Attend training
The guardian must attend mandatory training to learn their roles, duties, and responsibilities. Some courts offer classes, and some courts allow you to take the training online.
The guardian must attend mandatory training to learn their roles, duties, and responsibilities. Some courts offer classes, and some courts allow you to take the training online.
File an inventory
The guardian must file an inventory, detailing all of the disabled person’s assets.
The guardian must file an inventory, detailing all of the disabled person’s assets.
Submit annual reports
On the anniversary of the date the court assumed jurisdiction over the person, the guardian must submit a yearly report. The court reviews the report and either accepts it and continues the guardianship or takes other appropriate action.
On the anniversary of the date the court assumed jurisdiction over the person, the guardian must submit a yearly report. The court reviews the report and either accepts it and continues the guardianship or takes other appropriate action.
A Maryland Guardianship Attorney Can Help
We can guide you through the whole process of becoming an adult guardian, including filing the petition, representing you through the court hearings, and preparing the inventory of assets. The process to arrange an adult guardian can be complicated, but we are here to help.