Maryland Guardianship Laws: Minors, Adults and Property (2026)

In Maryland, a court may appoint a guardian of the person to make personal decisions for an adult, and a guardian of the property to manage money and assets, under Title 13 of the Estates and Trusts Article. A guardian of the person "shall be appointed if the court determines from clear and convincing evidence" that the person lacks sufficient understanding or capacity to make or communicate responsible personal decisions because of a mental disability, disease, habitual drunkenness or addiction to drugs, and that "no less restrictive form of intervention is available that is consistent with the person's welfare and safety" (Md. Code, Est. & Trusts § 13-705(b)).

Maryland does not organize its law around one uniform act. The person side for adults sits in Subtitle 7 (§§ 13-704 to 13-713), the person side for children in §§ 13-701 to 13-703, the property side in Subtitle 2 (§ 13-201 and following), and standby guardianship for a parent's children in Subtitle 9 (§§ 13-901 to 13-908). Much of the procedure, including notice and venue, is set by Title 10 of the Maryland Rules rather than by the statute (§ 13-705(c)(1)). For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Maryland statutes on guardianship of minors and adults (Est. & Trusts Title 13), standby guardianship, guardianship of the property, emergency protective services, supported decision-making agreements (Title 18), the informal kinship care affidavit, and interstate guardianships (Title 13.5). It does not set out the Maryland Rules that govern notice periods, forms and report schedules. It does not cover custody disputes between parents (see Maryland child custody laws), grandparent visitation (see Maryland grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Maryland probate), juvenile-court guardianships in child-welfare cases, which are a separate track, or civil commitment and mental-health holds.

Maryland guardianship terms and where the law lives

Title 13 of the Estates and Trusts Article defines a "disabled person" as a person other than a minor who has been judged by a court unable to manage the person's property for the reasons in § 13-201(c)(1) and needs a guardian of the property, or who has been judged unable to provide for the person's daily needs sufficiently to protect the person's health or safety for the reasons in § 13-705(b) and needs a guardian of the person (§ 13-101). Title 13 also uses "ward" for the person under a guardianship (§ 13-708(b)(8)).

How to get guardianship of a child in Maryland

Who may petition and the standard. "On petition by any person interested in the welfare of the minor, and after notice and hearing as prescribed by the Maryland Rules, the court may appoint a guardian of the person of an unmarried minor if the court finds, by a preponderance of the evidence," that (Est. & Trusts § 13-702(a)(1)):

1. the appointment is in the best interests of the minor;
2. no testamentary appointment has been made; and
3. no parent is willing or able to serve as guardian of the person of the minor, each parent consents to the appointment, or no parent files an objection to it.

So where a parent is willing and able to serve, does not consent and files an objection, none of the three options in the third finding is met.

The child's choice. "If the minor is at least 14 years old, and if the person otherwise is qualified, the court shall appoint a person designated by the minor, unless the decision is not in the best interests of the minor" (§ 13-702(a)(2)).

Parental rights are not terminated. The subsection "may not be construed to provide that the appointment of a guardian of the person of a minor requires the termination of any parental rights with respect to the minor under Title 5 of the Family Law Article" (§ 13-702(a)(4)).

No bond or accounts for the child's guardian of the person. "The guardian of the person of a minor may not be required to post any bond or to file any accounts" (§ 13-703(a)). Property belonging to a child falls under the guardian-of-the-property rules in Subtitles 2 and 4, and Maryland's stated policy is that "any substantial sum of money paid to a minor because of a claim, action, or judgment in tort should be preserved for the benefit of the minor" (§ 13-402).

Notice of the hearing, venue and the petition's contents follow the Maryland Rules (§ 13-702). For custody disputes between parents, see Maryland child custody laws; for a grandparent's right to visit, see Maryland grandparents' rights.

Can a parent name a guardian in a will in Maryland?

Yes, if that parent is the surviving parent. "Unless prohibited by agreement or court order, the surviving parent of a minor may appoint by will one or more guardians and successor guardians of the person of an unmarried minor" (Est. & Trusts § 13-701(a)). "The guardian need not be approved by or qualify in any court" (§ 13-701(b)).

A testamentary appointment also affects the court process: one of the findings a court needs before appointing a guardian of the person of a minor is that "no testamentary appointment has been made" (§ 13-702(a)(1)(ii)).

Standby guardianship: planning for a parent's illness, incapacity or immigration action

Subtitle 9 lets a parent arrange in advance for someone to step in. There are two routes.

Court appointment in advance. A parent may petition for judicial appointment of a standby guardian. The petition must state "that there is a significant risk that the petitioner will become incapacitated or die, as applicable, within 2 years of the filing of the petition, and the basis for this statement" (Est. & Trusts § 13-903(b)(3)). Only a parent may file, and the petition must be joined by each person having parental rights over the minor unless that person cannot be located after reasonable efforts (§ 13-903(a)). Once the standby guardian's authority begins, the standby guardian must file the determination of incapacity, the death certificate or the parent's written consent with the court within 90 days, or the court may rescind the authority (§ 13-903(e)).

Written designation. "A parent may designate a standby guardian by means of a written designation: (i) Signed in the presence of two witnesses, at least 18 years old, neither of whom is the standby guardian; and (ii) Signed by the standby guardian" (§ 13-904(a)(1)). The designation must identify the parent, the minor and the standby guardian, state the standby guardian's duties, and indicate that the parent intends the standby guardian to become the minor's guardian if the parent (§ 13-904(b)(1)):

• becomes incapacitated;
• becomes debilitated and consents to the beginning of the standby guardian's authority; or
• is subject to an adverse immigration action and consents to the beginning of the standby guardian's authority.

The medical determination. A determination of incapacity or debilitation must "be made by the attending physician to a reasonable degree of medical certainty" and be in writing, among the other requirements of § 13-906(a)(1).

The 180-day deadline. "A standby guardian shall file a petition for judicial appointment within 180 days of the date of the beginning of the standby guardianship under this section" (§ 13-904(e)(1)). If the petition is not filed in time, the standby guardian's authority terminates 180 days after it began, and it "shall begin again on the filing of the petition" (§ 13-904(e)(2), (3)). The petition must be accompanied by the written designation "signed, or consented to, by each person having parental rights over the child," unless such a person cannot be located after reasonable efforts or, in an adverse immigration case, resides outside the United States (§ 13-904(f)(2), (3)).

The parent keeps parental rights. "A standby guardian's authority under this subtitle may not, itself, divest a parent of any parental or guardianship rights" (§ 13-907(a)).

Letting a relative care for a child without going to court

One statutory option is the informal kinship care affidavit, which deals with health care and, under a parallel Education Article provision, school enrollment.

Health care. "A relative providing informal kinship care for a child may consent to health care on behalf of the child if: (1) A court has not appointed a guardian for the child or awarded custody of the child to an individual other than the relative providing informal kinship care; and (2) The relative verifies the informal kinship care relationship through a sworn affidavit that: (i) Meets the requirements of this section; and (ii) Is filed with the Department of Human Services, Social Services Administration" (Health-Gen. § 20-105).

Informal kinship care depends on a "serious family hardship," which § 20-105 limits to the death, serious illness, drug addiction, incarceration or abandonment of a parent or legal guardian of the child, or the parent's or guardian's assignment to active uniformed services duty.

School. A county superintendent "shall allow" a Maryland child to attend public school where the child lives with a relative providing informal kinship care, if "the relative verifies the informal kinship care relationship through a sworn affidavit"; the superintendent may later require supporting documentation of the serious family hardship (Educ. § 7-101(c)(2)).

The affidavits are tools for health care consent and school attendance; they are not court orders appointing a guardian.

How to become guardian of an adult in Maryland

The standard

A guardian of the person shall be appointed if the court determines from clear and convincing evidence that: (1) A person lacks sufficient understanding or capacity to make or communicate responsible personal decisions, including provisions for health care, food, clothing, or shelter, because of any mental disability, disease, habitual drunkenness, or addiction to drugs; and (2) No less restrictive form of intervention is available that is consistent with the person's welfare and safety.

Md. Code, Est. & Trusts § 13-705(b)

Both parts are required, joined by "and."

The petition and the two certificates

"Procedures and venue in these cases shall be as described by Title 10, Chapters 100 and 200 of the Maryland Rules" (§ 13-705(c)(1)). The statute itself adds a requirement: the petition must include "signed and verified certificates of competency" from health care professionals who have examined or evaluated the person, either two licensed physicians, or one licensed physician plus one licensed psychologist, one licensed certified social worker-clinical, one nurse practitioner or one licensed physician assistant (§ 13-705(c)(2)). The physician assistant option was added by Chapter 222 of 2026 (Senate Bill 326, with the identical Chapter 223, House Bill 377), effective October 1, 2026. "An examination or evaluation by at least one of the health care professionals under paragraph (2) of this subsection shall occur within 21 days before filing a petition for guardianship of a disabled person" (§ 13-705(c)(3)).

Notice periods and service are set by the Maryland Rules, which this page does not cover.

The person's right to a lawyer

"Subject to paragraph (2) of this subsection, unless the alleged disabled person has counsel of the person's own choice, the court shall appoint an attorney to represent the person in the proceeding" (§ 13-705(d)(1)(i)). "If the person is indigent, the State shall pay a reasonable attorney's fee" (§ 13-705(d)(1)(ii)). The court may also require "the deposit of an appropriate sum into the court registry or the appointed attorney's escrow account within 30 days after the order of appointment has been entered," except where an agency listed in § 13-705(d)(1)(iii) is responsible for paying the appointed attorney (§ 13-705(d)(1)). On a petition in reasonable detail, the court may order reasonable and necessary attorney's fees incurred in bringing the guardianship petition to be paid from the disabled person's estate (§ 13-704(c)(1)).

The hearing

• Presence. The person "is entitled to be present at the hearing unless the person has knowingly and voluntarily waived the right to be present or cannot be present because of physical or mental incapacity." Waiver or incapacity "may not be presumed from nonappearance" and must be decided on factual information supplied to the court by counsel or a court-appointed representative (§ 13-705(e)(1)).
• Evidence. The person may present evidence and cross-examine witnesses (§ 13-705(e)(2)).
• Closed hearing, no jury, on request. "The issue may be determined at a closed hearing without a jury if the person alleged to be disabled or the person's counsel so requests and all hearings herein shall be confidential and sealed unless otherwise ordered by a court of competent jurisdiction for good cause shown" (§ 13-705(e)(3)).
• Medical-treatment petitions move fast. "The court shall hear and rule on a petition seeking appointment of a guardian of the person of a disabled person in connection with medical treatment on an expedited basis" (§ 13-705(f)).

Limited guardianship

"The court may grant to a guardian of a person only those powers necessary to provide for the demonstrated need of the disabled person" (§ 13-708(a)(1)). The court may appoint a guardian of the person "for the limited purpose of making one or more decisions related to the health care of that person," or "for a limited period of time if it appears probable that the disability will cease within 1 year of the appointment of the guardian" (§ 13-708(a)(2)).

Who serves

Section 13-707(a) sets an order of priority. It begins with:

1. "A person, agency, or corporation nominated by the disabled person if the disabled person was 16 years old or older when the disabled person signed the designation and, in the opinion of the court, the disabled person had sufficient mental capacity to make an intelligent choice at the time the disabled person executed the designation";
2. a health care agent appointed by the disabled person;
3. the disabled person's spouse; and
4. the disabled person's parents,

followed by further categories, and ends with a public guardian: for adults under 65, the director of the local department of social services, and for adults 65 or older, the Secretary of Aging or the director of the area agency on aging, with the exception the section states for adults already under a department of social services guardianship before 65 (§ 13-707(a)(10)). "For good cause, the court may pass over a person with priority and appoint a person with a lower priority" (§ 13-707(c)(1)(ii)).

What a Maryland guardian can decide, and what the person keeps

A guardian of the person has the powers listed in § 13-708(b), including:

• Residence. "The right to custody of the disabled person and to establish the disabled person's place of abode within and without the State, provided there is court authorization for any change in the classification of abode, except that, except as provided under § 10-611 of the Health - General Article, no one may be committed to a mental facility without an involuntary commitment proceeding as provided by law" (§ 13-708(b)(2)).
• Medical care. "The power to give necessary consent or approval for" medical or other professional care, "including admission to a hospital or nursing home or transfer from one medical facility to another," and for withholding or withdrawing it, subject to the limits below (§ 13-708(b)(9)).
• Family contact. "If it is in the best interest of the disabled person, the duty to foster and preserve family relationships including, as appropriate, assisting to arrange visitation and communication by telephone calls, personal mail, and electronic communications" (§ 13-708(b)(4)).

Life-threatening medical decisions need the court. Where a medical procedure involves or would involve a substantial risk to the life of a disabled person, "the court must authorize a guardian's consent or approval for" the procedure, withholding it, or withdrawing it (§ 13-708(c)(1)). The court may, on conditions, let the guardian make those decisions without further authorization if the person's advance directive authorizes the guardian to, or if the guardian is within the Health-General § 5-605(a)(2) decision-maker class and the court finds the guardian familiar with the person's beliefs, values and medical situation (§ 13-708(c)(2)); petitions to withhold or withdraw life-sustaining procedures follow §§ 13-711 to 13-713 (§ 13-708(c)(3)).

Rights kept. Appointment of a guardian of the person "is not evidence of incompetency of the disabled person" and "does not modify any civil right of the disabled person unless the court orders, including any civil service ranking, appointment, the right to apply for voluntary admission to a facility under § 10-611 of the Health - General Article, and rights relating to licensure, permit, privilege, or benefit under any law" (§ 13-706(b)).

Reports and renewal. The guardian of the person has "the duty to file an annual or biannual report with the court" on the ward's residence and health status, the guardian's plan for the ward's future well-being, and whether the guardianship should continue, end or change (§ 13-708(b)(8)(i)). On receiving the report, the court renews the appointment if satisfied the § 13-705(b) grounds continue; if it believes they may not exist, it holds a hearing "at which the guardian shall be required to prove that such grounds exist"; and if the court does not make those findings, it "shall order the discontinuance of the guardianship of the person" (§ 13-708(b)(8)(ii)).

Emergency protective services for an adult

Maryland's emergency tool for adults is a court order for protective services under § 13-709. The court must find on the record, by clear and convincing evidence, that (§ 13-709(b)):

1. the person lacks capacity under the standards in § 13-705(b);
2. an emergency exists, as § 13-101 defines it; and
3. no person authorized by law or court order to give consent for the person is available to consent to emergency services.

"Protective services may be provided under an initial emergency order for not more than 144 hours, and the initial order may be renewed as provided in paragraph (5) of this subsection" (§ 13-709(c)(3)). In its order, the court appoints the petitioner, another interested person, the director or the Secretary of Aging "as temporary guardian of the person with responsibility for the person's welfare and authority to give consent for the person for the approved protective services until the expiration of the order" (§ 13-709(c)(4)).

Limits on the order. Only the services needed to remove the conditions creating the emergency may be ordered, and the court must designate them; they "shall not include hospitalization or a change of residence unless the court specifically finds such action is necessary and gives specific approval for such action in its order" (§ 13-709(c)(1), (2)).

Extension. The court may extend the order and the temporary guardianship until a guardian of the person is appointed, on a petition by the temporary guardian, the director or the Secretary of Aging showing the conditions will probably continue; that petition must be filed before the initial order expires and be accompanied by a petition for guardianship of the person, which is heard on an expedited basis no more than 60 days after filing (§ 13-709(c)(5)).

Notice and counsel. Notice must be given "at least 24 hours before the hearing for emergency intervention," and the court may waive that only on a showing that immediate and reasonably foreseeable physical harm will result from the delay and that reasonable attempts were made to give notice (§ 13-709(e)). The person "has the right to counsel whether or not the person is present at the hearing"; the court appoints counsel if the person is indigent or lacks the capacity to waive counsel, and the State pays reasonable fees for an indigent person (§ 13-709(f)(1)(ii)).

Police transport. A law enforcement officer shall take an adult to an appropriate medical facility when it appears probable that the adult will suffer immediate and serious physical injury or death without immediate placement, the adult cannot consent, and the regular procedure cannot be followed; the director then files a petition within 24 hours, and the court decides within 48 hours after the transfer (§ 13-709(a)).

Guardian of the property

A guardian of the property "shall be appointed if the court determines that: (1) The person is unable to manage effectively the person's property and affairs because of physical or mental disability, disease, habitual drunkenness, addiction to drugs, imprisonment, compulsory hospitalization, detention by a foreign power, or disappearance; and (2) The person has or may be entitled to property or benefits which require proper management" (Est. & Trusts § 13-201(c)).

• No jury. "There shall be no jury trial in protective proceedings" (§ 13-211(a)(1)). The court also appoints counsel unless the person has chosen a lawyer, and "if the alleged disabled person is indigent, the State shall pay a reasonable attorney's fee" (§ 13-211(b)).
• Bond. Bond is generally in the court's discretion for a noncorporate guardian; a bond waiver in the instrument nominating the guardian is honored unless exceptional circumstances are shown, and "a corporate guardian shall not be required to furnish bond" (§ 13-208(a)-(c)). Where the estate consists entirely of cash deposited as the rules provide, securities or real property, or any combination that the guardian cannot transfer without court approval, and does not exceed $10,000, "the court shall not require a guardian to furnish or continue in effect a bond, unless exceptional circumstances are shown to exist" (§ 13-208(d)).
• Inventory and accounts. "Inventory and accounting in proceedings under this subtitle shall be as provided by the Maryland Rules" (§ 13-209).

Single transactions without a guardian. If a basis exists for a guardian of the property, "the circuit court, without appointing a guardian, may authorize or direct a transaction with respect to the property, service, or care arrangement of the minor or disabled person," such as a payment, deposit, sale, lease or annuity purchase, and, under Chapter 433 of 2026 (effective October 1, 2026), granting access to financial records or establishing eligibility for government assistance programs. Before approving, the court considers the interests of creditors and dependents and whether the property needs a guardian's continuing protection (Est. & Trusts § 13-204).

New in 2026: a stay of other lawsuits. Since October 1, 2026, once a petition for guardianship of the property of an alleged disabled person is filed, a party to the guardianship may ask the court hearing certain actions against that person to stay them: failure-to-pay-rent actions and warrants of restitution, wrongful detainer actions, foreclosures, sheriff's sales and actions against the person's property (Est. & Trusts § 13-223(a), added by Chapter 538 of 2026, House Bill 426). The requesting party must give notice to the parties to the stayed action and later notify that court of the appointment of a guardian of the property or the denial, dismissal or withdrawal of the petition (§ 13-223(b)). Unless extended for good cause, a stay lasts no more than 90 days after the guardianship petition is filed, and it is lifted when a temporary or permanent guardian of the property is appointed or the petition is denied; service in the stayed action is then made on that guardian (§ 13-223(c), (d)). The section applies only to guardianship petitions filed on or after October 1, 2026.

How a guardianship ends

"The minor or disabled person, the minor's or disabled person's personal representative, the guardian, or any other interested person may petition the court to terminate the guardianship proceedings" (Est. & Trusts § 13-221(a)). That section sits in Subtitle 2, the guardian-of-the-property subtitle, and final distribution of the estate follows the Maryland Rules (§ 13-221(c)). Under § 13-221(b), a guardianship proceeding terminates on:

1. the cessation of the minority or disability;
2. the death or presumptive death of the minor or disabled person;
3. transfer of all the assets of the estate to a foreign fiduciary; or
4. other good cause for termination shown to the satisfaction of the court.

For a guardian of the person of an adult, the report-and-renewal process in § 13-708(b)(8) is a second route: if the court doubts the grounds still exist, the guardian must prove them, and if they are not proved the court shall order the guardianship of the person discontinued. "If the guardian declines to participate in the hearing, the court may appoint another guardian to replace the guardian pursuant to the priorities in § 13-707(a)" (§ 13-708(b)(8)(ii)).

Alternatives to guardianship in Maryland

Supported decision-making agreements. Title 18 of the Estates and Trusts Article (Chapter 631 of 2022, effective October 1, 2022) lets an adult choose supporters. Under § 18-107(b), an agreement must, among other requirements, be in writing, be dated, name at least one supporter, and "be signed by the adult and the supporter or supporters, with each signature witnessed by two adults who are not: (i) A supporter for the adult; or (ii) An employee or agent of a supporter named in the supported decision-making agreement." If the adult already has a guardian of the person or property and the agreement affects the guardian's authority, it must be approved by the court (§ 18-107(b)(8)). An agreement made by a person under guardianship "does not supplant the authority of a guardian of the adult, unless the court authorizes the limitation or removal of guardianship due to the existence of a supported decision-making agreement" (§ 18-104(b)(1)(i)). The statute also preserves informal supported decision making and does not "preclude judicial consideration of informal supported decision-making arrangements as a less restrictive alternative to guardianship" (§ 18-104(e)).

Health-care decisions without a guardian. For a person certified incapable of making an informed decision who has no available health care agent, Health-General § 5-605(a)(2) sets a priority order for decision makers: a guardian if one has been appointed, then the spouse or domestic partner, an adult child, a parent, an adult brother or sister, and then a friend or other relative who meets the requirements of paragraph (3) of that subsection. A surrogate "may not authorize: (1) Sterilization; or (2) Treatment for a mental disorder" (§ 5-605(d)), and a person who is the subject of a protective order protecting the patient, or a spouse who has signed a separation agreement with the patient or where either has filed for divorce, may not act (§ 5-605(a)(4)).

Powers of attorney and advance directives. A health care agent ranks second in the priority list for guardian of the person (§ 13-707(a)(2)). Maryland's signing rules for powers of attorney are on our Maryland power of attorney laws page. Free drafting tools are available for a Maryland power of attorney and a Maryland advance directive; a document made with either is valid only if it is signed according to Maryland's rules described on the linked power of attorney page.

Federal benefits. The Social Security Administration decides for itself whether representative payment is in a beneficiary's interest and appoints its own payee; it "may appoint the legal guardian or some other person" for a legally incompetent beneficiary (20 C.F.R. § 404.2001(b)(2)). The guardianship hub covers the federal layer.

Moving to or from Maryland

Title 13.5 of the Estates and Trusts Article is Maryland's version of the uniform adult guardianship jurisdiction act ("this title, which is a uniform act," § 13.5-501). For a guardian moving in: "If a guardian has not been appointed in this State and a petition for the appointment of a guardian is not pending in this State, a guardian appointed in another state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this State by filing, as a foreign judgment in a court in any appropriate county of this State, certified copies of the order and letters of office" (§ 13.5-401).

For a guardian moving out: "Following the appointment of a guardian or conservator, the guardian or conservator may petition the court to transfer the guardianship or conservatorship to another state" (§ 13.5-301(a)). The court issues a provisional transfer order for a guardianship if it finds that the person is in or reasonably expected to move permanently to the other state, that no objector has shown the transfer would be contrary to the person's interests, that plans for care and services there are reasonable and sufficient, and that the other court will accept the guardianship (§ 13.5-301(d)).

Maryland guardianship at a glance

Related Maryland pages

• Guardianship laws by state
• Maryland power of attorney laws
• Maryland child custody laws
• Maryland grandparents' rights
• Delaware guardianship laws

This article provides general legal information about Maryland guardianship law, not legal advice. Guardianship cases turn on their facts, on the Maryland Rules and on local court practice. For advice about a specific situation, contact a lawyer licensed in Maryland or the court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

How do I get guardianship of my grandchild in Maryland?

Any person interested in the child's welfare may petition, and the court may appoint a guardian of the person if it finds by a preponderance of the evidence that the appointment is in the child's best interests, no testamentary appointment was made, and no parent is willing or able to serve, each parent consents, or no parent objects (Md. Code, Est. & Trusts § 13-702(a)(1)). Notice and hearing follow the Maryland Rules.

Can a relative consent to medical care for a child in Maryland without a court order?

A relative providing informal kinship care because of a serious family hardship, such as a parent's death, serious illness, incarceration or abandonment, may consent to the child's health care by a sworn affidavit filed with the Department of Human Services, if no court has appointed a guardian or given custody to someone else (Health-Gen. § 20-105).

What is a standby guardian in Maryland?

A person a parent designates in writing, signed before two adult witnesses who are not the standby guardian, or the court appoints in advance, to become the child's guardian if the parent becomes incapacitated, or with the parent's consent becomes debilitated or faces an adverse immigration action (Est. & Trusts §§ 13-903, 13-904). The standby guardian must petition for court appointment within 180 days after authority begins; if that is missed, the authority ends at 180 days and begins again on filing (§ 13-904(e)).

Can a parent name a guardian in a will in Maryland?

The surviving parent may appoint one or more guardians and successor guardians of the person of an unmarried minor by will, unless prohibited by agreement or court order, and that guardian need not be approved by or qualify in any court (Est. & Trusts § 13-701).

What must be proved to get guardianship of an adult in Maryland?

Clear and convincing evidence that the person lacks sufficient understanding or capacity to make or communicate responsible personal decisions because of a mental disability, disease, habitual drunkenness or drug addiction, and that no less restrictive form of intervention consistent with the person's welfare and safety is available (Est. & Trusts § 13-705(b)). The petition must include two signed and verified certificates of competency from the professionals § 13-705(c)(2) lists (since October 1, 2026, including a licensed physician assistant as the second certifier), one based on an exam within 21 days before filing (§ 13-705(c)).

Does the person get a lawyer in a Maryland guardianship case?

Yes, subject to § 13-705(d)(2): unless the person has a lawyer of the person's own choice, the court shall appoint one, and the State pays a reasonable fee if the person is indigent (Est. & Trusts § 13-705(d)(1)).

How long does an emergency guardianship last in Maryland?

An initial emergency protective services order for an adult may last not more than 144 hours. The court may extend it until a guardian of the person is appointed, on a petition filed before the initial order expires and accompanied by a guardianship petition, which is heard no more than 60 days after filing (§ 13-709(c)(5)). The court appoints a temporary guardian of the person for the approved services until the order expires (Est. & Trusts § 13-709(c)).

Does a person under guardianship in Maryland lose civil rights?

Appointment of a guardian of the person is not evidence of incompetency and does not modify any civil right of the person unless the court orders (Est. & Trusts § 13-706(b)).

How does a guardianship end in Maryland?

Under the guardian-of-the-property subtitle, the person, the guardian or any interested person may petition to terminate, and a guardianship proceeding terminates on the end of the disability, death, transfer of all assets to a foreign fiduciary, or other good cause (Est. & Trusts § 13-221). For a guardian of the person of an adult, the court also discontinues the guardianship after a report if the guardian cannot prove the original grounds still exist (§ 13-708(b)(8)).

Does Maryland have supported decision-making agreements?

Yes. Estates and Trusts §§ 18-101 to 18-109, effective October 1, 2022, allow a written, dated agreement naming at least one supporter, signed by the adult and supporters with each signature witnessed by two adults who are not supporters or their employees or agents; court approval is needed if the agreement affects an existing guardian's authority (§ 18-107(b)).