At Mir & Bashir, LLC, we provide legal guidance on the various types of guardianship available for both children and adults in Maryland, Virginia, and Washington, D.C. Whether you are seeking guardianship for a minor or an adult, our attorneys are here to help you navigate the legal processes, ensuring that the ideal interests of those in your care are protected.

Types of Guardianship

1. Guardianship of a Minor: Appointed when a child’s parents are unable to care for them due to death, incapacity, or other reasons. Guardians are responsible for the child’s education, healthcare, and overall welfare.
2. Guardianship of an Adult: Guardianship of the Person: Responsible for making personal decisions about the adult’s healthcare and daily living arrangements. This is typically appointed when an adult is unable to care for themselves due to physical or mental incapacity.
3. Guardianship of the Property (Conservatorship): Involves managing the financial affairs of an adult who cannot manage their own financial matters. The guardian has authority over the adult’s income, expenses, and property.

Relevant Statutes and Process

1. Guardianship of Minors
   • Maryland Code, Family Law § 5-313
     • Outlines the criteria and procedures for appointing a guardian for a minor, emphasizing the ideal interests of the child.
2. Guardianship of Adults
   • Maryland Code, Estates and Trusts § 13-101 et seq.
     • Governs the appointment and responsibilities of guardians for adults. Specifies the need for a physician’s certificate to establish incapacity for managing personal or financial affairs.
3. Guardianship of the Person
   • Maryland Code, Estates and Trusts § 13-705
     • Details the appointment and duties of a guardian of the person, including making decisions about healthcare and personal welfare.
4. Guardianship of the Property
   • Maryland Code, Estates and Trusts § 13-201 et seq.
     • Outlines the role and responsibilities of a guardian of the property, focusing on the management of the ward’s financial assets and property.

Case Law

• In re Lee, 132 Md. App. 696 (2000): Affirmed that guardianship should only be granted if there is clear evidence of incapacity and that less restrictive alternatives are insufficient.

Guardianship Process

1. Filing a Petition: A petition is filed in the circuit court where the minor or adult resides, detailing the need for guardianship and information about the proposed guardian.
2. Evaluation and Hearing: For adult guardianship, a physician’s certificate or psychological evaluation is required to demonstrate incapacity. The court holds a hearing to review evidence and testimony.
3. Court Decision: The court appoints a guardian based on the optimal interests of the minor or the demonstrated need for adult guardianship.

We offer detailed advice on both physical and financial guardianship, backed by extensive knowledge of local statutes and case law.