Maryland Personal Guardianship
Maryland Guardian of the Person Attorney
When a minor or vulnerable adult cannot safely manage essential personal decisions, a guardian of the person may provide necessary care and protection.
Lauren R. Henry helps families evaluate less-restrictive options, petition for appropriate guardianship authority, respond to contested proceedings, and understand the responsibilities that follow a court appointment.
Guardianship Should Address the Person’s Actual Needs
A guardian of the person is appointed by a Maryland court to make certain nonfinancial decisions for a minor or an adult who cannot safely make or communicate those decisions independently.
The authority may involve medical care, housing, food, clothing, education, support services, and other aspects of the person’s daily welfare. The court determines which powers are necessary and may limit the guardian’s authority to specific decisions or a defined period.
Guardianship should not be broader than the person’s demonstrated needs. An adult’s diagnosis, disability, or age does not automatically establish the need for a guardian. Less-restrictive options must be considered, and the person should continue participating in decisions to the greatest extent possible.
Lauren helps clients examine whether guardianship is necessary, prepare the required evidence, and propose an arrangement that protects the person while respecting their dignity, preferences, relationships, and remaining abilities.
Capacity and Less-Restrictive Protection
A Court Must Determine That Guardianship Is Necessary
For an adult guardianship of the person, Maryland law generally requires clear and convincing evidence that:
- The person lacks sufficient understanding or capacity to make or communicate responsible personal decisions because of a qualifying condition; and
- No less-restrictive form of intervention is available that is consistent with the person’s welfare and safety.
The petition should identify the decisions the person cannot safely manage and explain why existing supports are insufficient. It should not rely exclusively on a diagnosis or a general statement that the person needs help.
Supporting information may include:
- Professional capacity assessments
- Medical and care records
- A description of current living conditions
- Evidence of unmet personal or health-care needs
- Existing powers of attorney or advance directives
- Information about available family and professional support
- The alternatives considered
- The authority requested for the proposed guardian
- The names of interested persons entitled to notice
The adult who is the subject of the petition has important rights. Unless the person has chosen an attorney, the court generally appoints counsel to represent them. The person may oppose the guardianship, challenge the requested authority, object to the proposed guardian, or advocate for a less-restrictive arrangement.
A Minor Guardianship Must Serve the Child’s Best Interests
A Maryland court may consider appointing a guardian of an unmarried minor when the appointment is in the child’s best interests and the legal requirements concerning the child’s parents and any prior appointment are met.
A petition may arise when:
- A child’s parents are deceased
- No parent is willing or able to provide the necessary care
- The parents consent to the appointment
- A child is living with a relative or another responsible adult
- A parent faces a serious illness, incapacity, absence, or other barrier
- A more formal grant of authority is necessary for medical care, education, or daily decisions
The court evaluates the child’s circumstances and the proposed guardian’s ability to provide a safe, stable, and appropriate home.
A minor who is at least 14 may be able to designate a preferred guardian of the person. The court considers that designation but retains responsibility for determining whether the appointment serves the child’s best interests.
Guardianship, custody, adoption, and standby guardianship have different purposes and legal effects. Lauren can help determine which option best matches the family’s circumstances and the authority required.
Does Someone You Care About Need Help With Personal Decisions?
Lauren can help you evaluate the available protections and determine whether guardianship is the appropriate next step.
The Court Makes the Final Appointment
Maryland law establishes priorities the court may consider when selecting a guardian for an adult. These can include a person previously nominated by the adult, a health-care agent, a spouse, parents, children, other relatives, and appropriate agencies or professionals.
Priority does not guarantee appointment. The court may consider:
- The person’s wishes and prior nominations
- The proposed guardian’s relationship with the person
- Familiarity with the person’s values, preferences, and needs
- Ability to provide or coordinate appropriate care
- Availability and willingness to serve
- Potential conflicts of interest
- Criminal or financial history
- Geographic distance
- Family relationships
- Ability to complete training and court reports
- Objections raised by interested persons
More than one person may sometimes serve, and the guardian of the person does not have to be the guardian of the property.
The best candidate is not necessarily the relative who asks first. The court’s focus is selecting a qualified person who can perform the specific responsibilities established in the order.
Court-Granted Personal Authority
The Appointment Focuses on Care, Safety, and Quality of Life
The guardian’s authority is defined by the court order. Depending on the person’s needs, the role may include responsibility for:
Health Care
The guardian may be authorized to consent to appropriate medical, dental, mental health, therapeutic, or other professional care.
Certain significant medical decisions may require additional legal analysis or court involvement. Guardianship alone does not authorize every possible treatment or placement.
Housing and Living Arrangements
The guardian may help determine where the person will live and arrange an appropriate level of care.
A move from one type of residential setting to another may require court authorization. The guardian should consider safety, accessibility, available services, proximity to supportive relationships, cost, and the person’s wishes.
Daily Care and Maintenance
The guardian may coordinate food, clothing, personal care, transportation, education, training, and other essential needs.
Services and Benefits
The guardian may work with health-care providers, care managers, social workers, schools, agencies, and benefit programs to obtain appropriate services.
Social and Family Relationships
A guardian’s responsibility extends beyond basic physical needs. Maryland law recognizes the importance of social, recreational, friendship, and family relationships.
When appropriate and in the person’s interests, the guardian should help preserve communication and meaningful contact with family and friends.
Personal Effects
The guardian may be responsible for taking reasonable care of clothing, furniture, vehicles, and other personal belongings. Significant property matters may require a guardian of the property or a separate court proceeding.
Preserve Independence Whenever Possible
The Appointment Focuses on Care, Safety, and Quality of Life
The guardian’s authority is defined by the court order. Depending on the person’s needs, the role may include responsibility for:
Health Care
The guardian may be authorized to consent to appropriate medical, dental, mental health, therapeutic, or other professional care.
Certain significant medical decisions may require additional legal analysis or court involvement. Guardianship alone does not authorize every possible treatment or placement.
Housing and Living Arrangements
The guardian may help determine where the person will live and arrange an appropriate level of care.
A move from one type of residential setting to another may require court authorization. The guardian should consider safety, accessibility, available services, proximity to supportive relationships, cost, and the person’s wishes.
Daily Care and Maintenance
The guardian may coordinate food, clothing, personal care, transportation, education, training, and other essential needs.
Services and Benefits
The guardian may work with health-care providers, care managers, social workers, schools, agencies, and benefit programs to obtain appropriate services.
Social and Family Relationships
A guardian’s responsibility extends beyond basic physical needs. Maryland law recognizes the importance of social, recreational, friendship, and family relationships.
When appropriate and in the person’s interests, the guardian should help preserve communication and meaningful contact with family and friends.
Personal Effects
The guardian may be responsible for taking reasonable care of clothing, furniture, vehicles, and other personal belongings. Significant property matters may require a guardian of the property or a separate court proceeding.
Important Limits on Guardian Authority
The Solution Should Not Remove More Authority Than Necessary
Adult guardianship is a last resort because it can limit fundamental decision-making rights. Before requesting full authority, consider whether the person’s needs can be met through:
- Supported decision-making
- A valid advance directive
- A health-care agent
- Surrogate health-care decision-making
- A valid power of attorney
- Case management or home-care services
- Transportation, meal, or housing assistance
- Family support
- Representative-payee arrangements
- Trusts, ABLE accounts, or banking protections
- A court-authorized specific transaction
- A limited guardianship
A person may need help in one area while remaining capable in many others. For example, the court may grant authority over particular health-care decisions without transferring broader personal authority.
Lauren can help identify the actual decision-making gap, examine existing documents, and determine whether an alternative or limited appointment can provide sufficient protection.
Claim Process
What to Expect When Guardianship Is Requested
Identify the medical, housing, safety, care, or other decisions the person cannot manage without assistance.
Review existing documents and determine whether less-restrictive support can meet the person’s needs.
Consider the proposed guardian’s qualifications, relationship with the person, availability, and ability to complete ongoing duties.
Adult petitions generally require professional assessments and other evidence addressing decision-making capacity and the need for protection.
The filing should request the appropriate authority and provide the information required by Maryland law and court rules.
Legally defined interested persons receive notice and may support, oppose, or otherwise participate in the case.
An alleged disabled adult who does not already have chosen counsel is generally represented by an attorney appointed by the court.
The petitioner presents evidence supporting the requested guardianship. The person who is the subject of the case and other interested persons may present evidence or objections.
The judge determines whether guardianship is necessary, who should serve, and what authority should be included or withheld.
A prospective or newly appointed guardian must complete the orientation and training required by the Maryland Judiciary and appointing court.
A Guardian Must Follow the Order and Remain Accountable
After appointment, the guardian should begin by reading the court order carefully. It identifies what the guardian may do, what the guardian may not do, and which decisions require additional approval.
The guardian should then:
- Visit and communicate with the person
- Assess current needs, strengths, preferences, and concerns
- Review advance directives and other expressions of the person’s wishes
- Meet relevant family members and service providers
- Arrange appropriate medical and personal care
- Monitor housing and living conditions
- Encourage appropriate independence
- Promote social, recreational, and family connections
- Maintain an organized guardianship file
- Document significant decisions
- Notify the court of important changes when required
- File required reports on time
- Request court approval before taking actions outside the granted authority
A guardian of an adult’s person generally files an annual or otherwise court-directed report describing the person’s residence, health, services, current needs, and whether guardianship should continue or change.
A guardian of a minor’s person also has reporting duties concerning the child’s residence, health, education, and welfare.
The reporting process allows the court to monitor the guardianship and determine whether the current arrangement remains necessary and appropriate.
Common Questions About Personal Guardianship
What decisions can a guardian of the person make?
The decisions depend on the court order. Authority may include medical care, housing, food, clothing, education, services, and other personal-welfare matters. The guardian should not exercise authority the court did not grant.
Does a guardian of the person control the person’s money?
Not automatically. Financial management generally belongs to a guardian of the property or another authorized fiduciary. A guardian of the person may need to coordinate with that individual to pay for care and services.
Does an adult need a guardian because of a medical diagnosis?
No. A diagnosis alone does not establish the legal need for guardianship. The court considers the adult’s actual decision-making abilities and whether less-restrictive alternatives can provide sufficient protection.
Can the adult choose who will serve as guardian?
The court makes the final appointment, but a valid prior nomination and the adult’s current preferences may be important. The court also considers statutory priorities, qualifications, conflicts, and the person’s needs.
Can a guardian move someone into assisted living or a nursing home?
The guardian’s authority depends on the order. A change from one classification of residence to another may require court authorization. The person’s safety, care needs, preferences, relationships, and available alternatives should be considered.
Can a guardian make medical decisions?
A guardian may receive authority to consent to appropriate medical or professional care. Some major decisions have additional legal requirements or may require court approval.
Must a guardian allow family visits?
A guardian has a duty to consider and, when appropriate, foster supportive family and social relationships. Contact may require limitation when it creates a genuine safety or welfare concern, but guardianship should not be used to isolate someone without a proper basis.
What reports must a guardian file?
A guardian of the person generally files an annual or otherwise court-directed report addressing the person’s residence, health, care, services, and continuing need for guardianship. The court order and current forms identify the exact requirements.
Can a guardian of the person be removed?
Yes. Interested persons may ask the court to review the guardian’s performance or remove and replace a guardian who cannot or should not continue serving.
Can a guardianship of the person end?
Yes. The court may terminate or modify the guardianship if the person regains capacity, adequate alternatives become available, a minor reaches adulthood, or the legal basis for guardianship no longer exists.
Protect the Person Without Losing Sight of the Person
Build a Plan Around Their Actual Needs
A guardian of the person may make deeply personal decisions involving health, housing, care, and daily life. The requested authority should provide necessary protection while preserving as much independence and participation as possible.
Lauren R. Henry helps families evaluate alternatives, prepare guardianship petitions, respond to objections, and understand the responsibilities that come with appointment.