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Guardianship Laws > Maryland

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Understanding Guardianship Laws In Maryland | Mir & Bashir, LLC

Maryland offers several types of guardianship, including guardianship of minors and adults. These guardianships can be for the person, covering personal and healthcare decisions, or for the property, focusing on managing financial affairs. Mir & Bashir, LLC provides comprehensive legal services to guide you through the legal guardianship process in Maryland, ensuring all statutory requirements are met and that the best interests of the individual are prioritized.

Reach out to our Maryland legal team for expert assistance with guardianship matters, including petition filing, court hearings, and more.

Types Of Guardianship

  • 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.

  • 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.

  • 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

Guardianship of Minors

  • Maryland Code, Family Law § 5-313:

Outlines the criteria and procedures for appointing a guardian for a minor, emphasizing the best interests of the child.

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.

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.

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

  • 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.

  • 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.

  • Court Decision:

The court appoints a guardian based on the best interests of the minor or the demonstrated need for adult guardianship.

Frequently Asked Questions

What Is The Difference Between Physical And Financial Guardianship?

Physical guardianship, also known as guardianship of the person, involves making personal and healthcare decisions for the ward. Financial guardianship, or conservatorship, involves managing the ward’s financial affairs, such as income, expenses, and property.

How Is A Guardian Appointed In Maryland?

A guardian is appointed through a court process where a petition is filed, followed by an evaluation and hearing. The court decides based on the best interests of the minor or the demonstrated need for adult guardianship.

Can A Guardianship Be Contested?

Yes, a guardianship can be contested if another party believes that the appointed guardian is not acting in the best interests of the ward or if there are less restrictive alternatives available.

What Is Required To Establish Guardianship Of An Adult In Maryland?

To establish guardianship of an adult, a physician’s certificate or psychological evaluation is required to prove incapacity. The court then reviews the evidence during a hearing.

What Are The Responsibilities Of A Guardian Of The Property?

A guardian of the property is responsible for managing the ward’s financial affairs, including handling income, paying expenses, and safeguarding the ward’s assets.

What Happens If The Guardian Does Not Fulfill Their Duties?

If a guardian fails to fulfill their duties, they can be removed by the court. A new guardian may be appointed, and the previous guardian may be held accountable for any mismanagement.

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