The Adult Guardianship Process In Maryland

In Maryland, an interested person can file a petition with the circuit court to be appointed a guardian for an alleged disabled person. A guardianship petition is filed with the circuit court where the alleged disabled person resides. The petition must provide to the court 1) a description of the disability; 2) how said disability affects that person’s ability to function; and 3) why the interested person should be appointed as their guardian. It is imperative that the petition is very detailed and contains specific facts so that the burden of proof is met. If the petitioner is also seeking to be appointed as the guardian of property, then they also must contain a description of the alleged disabled person’s assets and current values of those assets. The petition must also include two (2) certificates of incapacity from health care professionals who have examined the alleged disabled person and can certify that the alleged disabled person is, in fact, disabled and needs a guardian.

Once the petition is filed, the court will issue a Show Cause Order requiring the alleged disabled person and all interested persons to respond to the petition. The court will also appoint an attorney for the alleged disabled person to represent their interests if they do not already have an attorney of their own choosing. The court will then have a hearing to hear the case, hear from witnesses, and examine the evidence presented. After reviewing all the testimony and evidence, the court will then decide on whether a guardian of person and/or property should be appointed.

Adult guardianship cases are complex and can be overwhelming for many people. If you or your loved one have questions about the process, please call us at (443) 741-2567 and we would be happy to assist you.