Maryland Guardianship Attorney
Maryland Guardian of the Property Attorney
When a minor or vulnerable adult has money, benefits, real estate, or other assets that cannot be managed safely, a guardian of the property may provide necessary protection and court-supervised financial management.
Lauren R. Henry helps Maryland families determine whether guardianship is appropriate, prepare for the court process, and understand the responsibilities that follow an appointment.
When Someone Needs Help Managing Money or Property
A guardianship of the property allows a court-appointed individual or qualified organization to manage assets for a minor or an adult who cannot effectively manage financial affairs.
The role may involve protecting an inheritance, overseeing settlement proceeds, paying necessary expenses, applying for benefits, managing real estate, filing tax returns, or safeguarding funds from loss or exploitation. The guardian must use that authority for the benefit of the person whose property is being protected—not for the guardian’s personal benefit.
Because property guardianship can substantially affect an individual’s rights and independence, it should be tailored to the person’s actual needs. Before pursuing guardianship, families should consider whether a less restrictive arrangement can provide adequate protection.
Lauren helps clients understand the available options and move forward with a plan designed around the person, the property, and the family’s circumstances.
Insurance and Recovery
When an Adult Cannot Safely Manage Financial Affairs
An adult property guardianship may be considered when a person cannot effectively manage property or financial affairs because of an illness, disability, injury, or another condition recognized under Maryland law—and the person has or may receive property or benefits that require management.
Concerns may arise when an adult:
- Is no longer able to understand or pay regular expenses
- Cannot manage bank accounts, investments, or real estate
- Is vulnerable to scams, coercion, or financial exploitation
- Is unable to apply for or maintain essential public benefits
- Has accumulated unpaid bills, taxes, or financial obligations
- Is making financial decisions without understanding their consequences
- Cannot protect an inheritance, settlement, or other significant asset
- Needs someone with legal authority to manage financial matters
A diagnosis or disability alone does not automatically establish the need for guardianship. The court considers the person’s functional abilities, the financial need involved, and whether other arrangements could provide sufficient protection.
Lauren can help families evaluate the evidence, identify appropriate alternatives, and determine whether a court-supervised property guardianship is the right course of action.
Protecting Money and Assets Belonging to a Child
Parents ordinarily manage many aspects of a child’s life, but they do not always have automatic authority to control substantial money or property legally belonging to the child.
A property guardianship may be required when a minor receives or becomes entitled to:
- Personal injury settlement proceeds
- An inheritance
- Life insurance benefits
- Real estate
- Investment or financial accounts
- Funds awarded through litigation
- Valuable personal property
- Other assets requiring formal management or protection
The court may appoint a guardian to receive, safeguard, and manage the property until the child reaches adulthood or until the court determines that the guardianship should end.
Depending on the circumstances, the court may require the funds to remain in a restricted account or may authorize specific expenditures for the child’s support, care, welfare, or education.
Lauren helps parents, relatives, proposed guardians, and other interested parties understand the legal process and the responsibilities involved in protecting a minor’s property.
Does Someone You Care About Need Help Protecting Money or Property
Lauren can help you evaluate the available options and determine whether a property guardianship is appropriate.
Could a Less Restrictive Option Provide Enough Protection?
Guardianship can limit a person’s financial decision-making rights. For an adult, Maryland courts expect less restrictive alternatives to be explored before a guardian is appointed.
Depending on the person’s capacity, existing plans, and financial needs, possible alternatives may include:
- A valid financial power of attorney
- A trust or special needs trust
- A representative payee for certain government benefits
- A benefits-management or fiduciary program
- Banking safeguards or account-management services
- An ABLE account
- Supported decision-making
- Assistance from trusted family members or professionals
- A court-authorized specific transaction
- Other arrangements targeted to the financial concern
An alternative is only useful if it provides reliable authority and adequate protection. A power of attorney may not resolve the problem if the document was never created, is no longer valid, does not provide the necessary authority, or the appointed agent is unwilling or unable to act.
Lauren can review the available documents and circumstances to help determine whether an alternative can work or whether a guardianship petition is necessary.
Financial Management Under Court Supervision
A guardian of the property manages the financial affairs and assets placed under the guardian’s authority by the court. The exact powers and limitations depend on the court’s order and the circumstances of the case.
A guardian’s responsibilities may include:
Identifying and Protecting Assets
The guardian may need to locate bank accounts, investments, real estate, personal property, benefits, settlement funds, or other resources belonging to the protected person.
Establishing Proper Accounts
Guardianship funds may need to be placed in accounts titled and maintained according to the court’s requirements. In some cases, the court may require a restricted account.
Paying Appropriate Expenses
The guardian may use available funds for approved expenses related to the protected person’s housing, care, education, health, support, and general welfare.
Managing Income and Benefits
The guardian may collect income, apply for eligible benefits, communicate with financial institutions, and coordinate with benefit administrators or other fiduciaries.
Maintaining Records
Accurate records should be kept for income, expenses, transfers, property, and decisions made on behalf of the protected person.
Reporting to the Court
A guardian of the property generally must submit an initial inventory and periodic fiduciary accountings so the court can review how the assets are being managed.
The guardian has a fiduciary responsibility to act carefully, avoid conflicts of interest, and manage the property in the protected person’s best interests.
Building the Claim
Managing Assets for the Protected Person’s Benefit
Every guardianship is different. The type of property involved, the person’s needs, and the language of the court order will determine what the guardian may be required or permitted to do.
Common financial matters may include:
- Bank and credit union accounts
- Income and recurring expenses
- Social Security or other government benefits
- Retirement or pension benefits
- Insurance proceeds
- Personal injury settlement funds
- Inheritances and distributions from estates
- Real estate and related expenses
- Investments and securities
- Taxes and government filings
- Debts and financial obligations
- Education and support expenses
- Valuable personal property
- Business interests or other complex assets
Some financial decisions may require additional court approval. A guardian should understand the scope of the appointment before selling property, transferring funds, making significant expenditures, or completing transactions outside the authority already granted.
Understanding the Court’s Financial Safeguards
Maryland courts use several safeguards to supervise a guardian’s management of property.
Initial Inventory
The guardian generally must identify and report the property subject to the guardianship. This creates a starting record of the assets the guardian is responsible for managing.
Fiduciary Accountings
A guardian of the property generally files periodic accountings showing money received, expenses paid, assets held, and changes in the guardianship estate.
Supporting Documentation
Bank statements, receipts, invoices, tax records, settlement documents, and other records may be needed to support the accounting.
Bond Requirements
The court may require a guardian to file a bond as a condition of serving. The amount and terms depend on the court’s order and the property involved.
Restricted Accounts
The court may direct that funds be deposited into a restricted account. Withdrawals from that account may require specific authorization.
Additional Court Permission
Certain actions may fall outside the authority granted in the original appointment order or may otherwise require court approval. When that happens, the guardian may need to request permission before acting.
Careful recordkeeping from the beginning can make reporting easier and reduce the likelihood of disputes or delays.
When Financial Disagreements or Concerns Arise
Property guardianship cases can become contested when family members disagree about whether a guardian is needed, who should serve, how assets should be managed, or whether the current guardian is fulfilling the role properly.
Legal assistance may be especially important when a matter involves:
- Objections to a guardianship petition
- Competing requests to serve as guardian
- Allegations of financial exploitation
- Disputed transfers or missing assets
- Concerns about misuse of guardianship funds
- Objections to an inventory or fiduciary accounting
- Requests for authority to complete a specific transaction
- A guardian who wishes to resign
- A request to remove or replace a guardian
- Transfer of a guardianship to another county or state
- Termination of the guardianship
- Preparation of a final accounting and distribution of property
When there is a risk that assets may be lost, transferred, or misused, prompt legal guidance can help identify the available protective measures. Immediate suspected abuse or exploitation may also need to be reported to the appropriate authorities.
Lauren can help clients present their concerns to the court, respond to objections, and seek a solution focused on protecting the person and the property involved.
Claim Process
What to Expect When Seeking Appointment
The precise process depends on whether the case concerns a minor or an adult and whether anyone objects to the proposed guardianship. A typical case may involve the following stages:
The first step is to identify the property requiring protection, the decisions that must be made, and any immediate financial risks.
Existing powers of attorney, trusts, representative-payee arrangements, banking protections, or other less restrictive options should be reviewed.
The petition may require information about the individual, the property, interested persons, the proposed guardian, and the reasons court involvement is necessary. Adult cases may also require evidence addressing the person’s ability to manage financial affairs.
The appropriate documents are filed with the Maryland court that has jurisdiction over the matter. The petition should clearly explain why guardianship is requested and what authority is needed.
Interested persons must receive the notices and documents required by Maryland law and court rules. They may support, question, or object to the petition.
The court reviews the evidence, hears any objections, and determines whether guardianship is necessary. The court also decides who should serve and what authority the guardian should receive.
If appointed, the guardian may need to complete training, file a required bond, establish appropriate accounts, and follow other instructions in the appointment order.
The guardian must manage the property within the authority granted and comply with inventory, accounting, recordkeeping, and reporting requirements. Lauren helps clients prepare for each stage, address potential problems, and understand what the court will expect.
Serving as Guardian Is an Ongoing Fiduciary Duty
Appointment is the beginning of the guardian’s responsibilities. A guardian of the property must remain organized, act within the court’s authority, and maintain a clear record of every financial action.
Depending on the order and the assets involved, responsibilities may include:
- Securing and preserving the protected person’s property
- Keeping guardianship assets separate from personal assets
- Preparing and filing an initial inventory
- Maintaining complete financial records and receipts
- Using funds only for appropriate purposes
- Paying bills and other valid obligations
- Managing benefits, income, and tax matters
- Monitoring accounts and financial activity
- Obtaining court approval when required
- Filing periodic fiduciary accountings
- Responding to questions or directions from the court
- Preparing a final accounting when the guardianship ends
Guardians should never treat guardianship funds as their own. Even when the guardian holds legal authority over property, that authority must be exercised for the protected person’s benefit.
Failure to maintain records, file required accountings, or follow the court’s order can lead to objections, repayment claims, removal, or other legal consequences.
Maryland Guardian of the Property FAQs
What is the difference between a guardian of the person and a guardian of the property?
A guardian of the person makes authorized decisions concerning personal needs such as medical care, housing, education, and daily welfare. A guardian of the property manages money, benefits, assets, and financial affairs.
A court may appoint one type of guardian or both. The same person may serve in both roles, or the court may appoint different people.
Does a guardian of the property own the protected person’s assets?
A guardian receives legal authority to control and manage property within the terms of the court’s order. That authority does not permit the guardian to use the assets for personal benefit. The guardian must manage the property in the protected person’s best interests and remain accountable to the court.
Does every adult with a disability need a property guardian?
No. A diagnosis or disability does not automatically mean that guardianship is necessary. The question is whether the adult can effectively manage the financial matters involved and whether a less restrictive option can provide adequate assistance and protection.
Why might a minor need a guardian of the property?
A child may need a property guardian after receiving settlement proceeds, an inheritance, insurance benefits, real estate, or other assets requiring formal management. The court determines how the property should be protected and who should manage it.
Can a family member be appointed guardian?
A family member may ask to serve, but appointment is not automatic. The court considers the person’s qualifications, relationship to the protected person, ability to perform the required duties, possible conflicts of interest, and any objections or competing nominations.
Can the protected person express a preference about who should serve?
In certain circumstances, Maryland law allows a minor or an adult alleged to need guardianship to designate a preferred property guardian. The court still determines whether the proposed guardian is qualified and whether the appointment is appropriate.
Does a guardian have to report every expense to the court?
A guardian should keep complete records of all guardianship income, expenses, and transactions. Those records are generally used to prepare the required fiduciary accountings. Whether advance court permission is required for a particular transaction depends on the appointment order and applicable law.
Can a property guardianship be terminated?
Yes. Termination may be appropriate when a minor reaches adulthood, an adult no longer requires a guardian, the property has been properly distributed or exhausted, or another legally sufficient reason exists. Court approval and a final accounting may be required before the guardian is discharged.
Maryland Guardianship Counsel
Protect Important Assets with a Clear Legal Plan
Property guardianship involves more than obtaining a court order. Families must determine what protection is truly necessary, present the right information to the court, and prepare for the financial responsibilities that follow.
Lauren R. Henry provides practical, compassionate guidance through Maryland property guardianship matters. She can help you evaluate alternatives, prepare a petition, respond to objections, understand the appointment order, and address concerns that arise after a guardian has been appointed.