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Maryland Guardianship Planning
Support GuideMaryland14 min read

Maryland Guardianship Planning

A Maryland guardianship plan starts with a durable power of attorney and advance directive. See how guardianship of a minor or disabled adult works.

By Settled Editorial

The strongest guardianship plan in Maryland is the one that keeps a court out of it. While you still have capacity, you can sign a durable power of attorney for your money and property and an advance directive for your health care, and Maryland even lets you name your own future guardian in a signed writing. If no one holds that authority and you can no longer decide for yourself, a family member or agency may ask the Circuit Court to appoint a guardian. This guide walks both paths. (See Md. Code, Estates and Trusts, Title 13.)

Use this Maryland guardianship guide as a plain-language map, not as legal advice or a fill-in form. The right plan depends on your health, your family, and your money. A Maryland attorney can build a plan around your situation, and this page is here to help you ask sharper questions.

One line sets the edge of this page. Guardianship deals with a living person who can no longer manage alone. It is not probate. When a person dies, the guardian's authority ends, and a separate process opens before the Register of Wills and the Orphans' Court. For that side, read the Maryland probate guide.

Guardian of the Person and Guardian of the Property Are Two Roles

Maryland splits the job in two. A guardian of the person makes personal decisions for someone who cannot make or communicate them, including health care, food, clothing, and where the person lives. A guardian of the property (also called guardian of the estate) manages the money and property of a minor or disabled person. The two appointments are separate, and one person can hold both under the court's order. (Source: Md. Est. & Trusts 13-708 and 13-201.)

A short way to keep them straight:

  • A guardian of the person answers for care, health, and residence. The court grants only the powers the person actually needs, so many guardianships are limited rather than full. (Source: Md. Est. & Trusts 13-708.)
  • A guardian of the property answers for money and assets. On appointment, title to the property vests in the guardian, and the guardian becomes the statutory agent for filing government reports and returns. (Source: Md. Est. & Trusts 13-206.)

Plan Ahead So a Court Is Not Needed

Here is the part worth getting right. Maryland gives you three ways to plan while you still have capacity, and each one can keep a guardianship from ever being filed.

  • A durable power of attorney for money and property. A written power of attorney in Maryland is durable by default and stays in force through your later disability unless the document says otherwise, so a durable POA can remove the need for a guardianship of the property. Read the Maryland power of attorney guide. (Source: Md. Est. & Trusts 17-105.)
  • An advance directive for health care. Under the Maryland Health Care Decisions Act, an adult may name a health care agent and state treatment wishes, which can remove the need for a guardian of the person for medical decisions. A health care agent you name also gets priority for guardian of the person if a court case ever becomes necessary. Read the Maryland advance directive guide. (Source: Md. Health-General 5-601 et seq. and Md. Est. & Trusts 13-707.)
  • A signed guardian designation. Maryland is one of the states that lets a competent adult name the person or corporation to serve as the adult's own future guardian. A designation signed when you were at least 16 gives your nominee first priority for appointment, as guardian of the property under 13-207 and as guardian of the person under 13-707, as long as the court finds you had enough capacity to make that choice when you signed. (Source: Md. Est. & Trusts 13-207 and 13-707.)

A revocable living trust can also keep assets out of a property guardianship, because a successor trustee can manage trust property if you become incapacitated, with no court file. (Source: Md. Est. & Trusts Title 14.5, the Maryland Trust Act.)

How Adult Guardianship Works in Maryland

If no advance plan is in place and an adult can no longer make or communicate responsible decisions, someone may petition the Circuit Court to appoint a guardian of the person, a guardian of the property, or both. Guardianship in Maryland is a Circuit Court matter, separate from the Register of Wills and the Orphans' Court that handle a decedent's estate. The case is built to protect the person, so it runs through several steps. The Maryland guardianship hub covers the court process, the types of guardianship, and the alternatives in more detail. (Source: Md. Est. & Trusts 13-705; Maryland Rules, Title 10.)

  1. A petition is filed in the Circuit Court for the county where the alleged disabled person lives or is present. Any interested person may file, including a local department of social services.
  2. Doctor certificates are filed with the petition. A petition to appoint a guardian of the person of a disabled person must carry signed certificates from two licensed physicians, or from one physician plus a licensed psychologist, clinical social worker, or nurse practitioner who examined the person. At least one exam must have happened within 21 days before filing. (Source: Md. Est. & Trusts 13-705(c).)
  3. The person gets notice and a lawyer. The alleged disabled person is served and is entitled to counsel. The court appoints an attorney to represent the person unless the person hires one, and the State pays that fee if the person cannot. (Source: Md. Est. & Trusts 13-705(d).)
  4. A hearing is held. The person has the right to attend, to present evidence, and to cross-examine witnesses, and may demand a jury trial. The court must find the person incapacitated by clear and convincing evidence and must find that no less restrictive form of help would work. (Source: Md. Est. & Trusts 13-705(e) and (b).)
  5. The court enters the narrowest order that works. The court appoints the best-qualified willing person from the priority list, gives a guardian of the person only the powers the demonstrated need calls for, and may order a limited guardianship for named health care decisions or for a set period if the disability is likely to end within a year. (Source: Md. Est. & Trusts 13-708 and 13-707.)
  6. The guardian qualifies and letters issue. A guardian of the property qualifies by filing any bond the court sets before letters of guardianship issue. On appointment, title to the property vests in the guardian. (Source: Md. Est. & Trusts 13-206.)

Two protections stand out. The clear and convincing standard sits above the everyday civil standard, because a guardianship takes away rights. And the no-less-restrictive rule means the court should not hand a full guardian the whole job when a limited guardian, or a durable POA and an advance directive, would meet the need.

Emergency and Temporary Guardianship

Some situations cannot wait for the full case. When an emergency puts a disabled person at risk of serious harm and no one is authorized to act, the court may issue an emergency order and appoint a temporary guardian. Protective services under that first order last no more than 144 hours, which is six days. (Source: Md. Est. & Trusts 13-709; Maryland Rule 10-210.)

The court may extend the order until a guardian is appointed when a full guardianship petition is filed and the emergency conditions are likely to continue, and that petition is then heard on a fast track no more than 60 days after filing. These short-term roles cover the immediate danger, and the standard Circuit Court process handles anything longer.

Less Restrictive Alternatives and Supported Decision-Making

Before a court appoints a guardian of the person, it must find that no less restrictive form of help fits the person's welfare and safety, and any guardianship it does order must match the demonstrated need. So the court looks first at supports that leave the person in charge:

  • A durable power of attorney for financial and property decisions (Md. Est. & Trusts 17-105).
  • An advance directive and a health care agent for medical decisions (Md. Health-General 5-601 et seq.).
  • A representative payee, appointed by the Social Security Administration to manage Social Security and certain federal benefits only, with no court case (Social Security Administration).
  • A trust, so a successor trustee manages the assets if you cannot, under the Maryland Trust Act.

Supported decision-making fits the same idea: give a person the help they need to make their own choices before a court steps in and makes the choices for them. (Source: Md. Est. & Trusts 13-705 and 13-708.)

Naming a Guardian for a Minor Child

The rules shift for children. A parent has two strong tools plus a court backstop.

  • Name a guardian in your will. A surviving parent may appoint a guardian of the person of an unmarried minor child by will, and that guardian does not have to qualify in any court to serve. This is one more reason to keep a current will. Read the Maryland will requirements guide. (Source: Md. Est. & Trusts 13-701.)
  • A standby guardian for a health crisis. A parent facing a serious health condition may name a standby guardian for a minor child, whose authority switches on at a triggering event: the parent's death, the parent's incapacity, the parent's debilitation with the parent's consent, or an adverse immigration action against the parent with the parent's consent. (Source: Md. Est. & Trusts 13-901 et seq..)

If no parent can serve, any interested person may ask the Circuit Court to appoint a guardian of the person of the minor. The court decides on the child's best interest, and a child who is at least 14 may name the guardian, whom the court appoints when that person qualifies and the choice fits the child's best interest. A guardian of the property of a minor is appointed the same way and posts any bond the court requires. (Source: Md. Est. & Trusts 13-702 and 13-201.)

Note the two different age lines. A minor 14 or older may name a guardian for the child's own case (13-702), while an adult 16 or older may name a guardian for the adult's own later incapacity (13-207 and 13-707). They are separate rules for separate situations.

Ongoing Duties After Appointment

A Maryland guardianship is not a one-time order. Both roles carry ongoing duties and reporting for the life of the case.

  • A guardian of the person exercises only the powers the court granted, provides for the person's care and comfort, arranges health care and daily support, decides where the person lives, and acts in the person's best interest while weighing the person's own wishes. The guardian files a periodic report on the person's status with the court. (Source: Md. Est. & Trusts 13-708.)
  • A guardian of the property keeps the person's funds separate from the guardian's own, files an opening inventory, and files an Annual Fiduciary Report within 60 days after the end of each anniversary year of the guardianship, paying the value-based annual report fee. Selling real property and other big steps need court approval. (Source: Md. Est. & Trusts 13-206; Maryland Rules, Title 10.)

The reporting is one more reason a durable POA and an advance directive are easier when they fit: they do the same protective work with no court file, no doctor certificates, and no yearly account.

Planning vs Court Process

These two paths solve the same problem in very different ways.

Advance planningCourt guardianship
When you set it upWhile you have capacityAfter capacity is lost, by petition
Who actsThe agent or nominee you namedA guardian the court appoints
Source of authorityYour signed POA, advance directive, or designationA Circuit Court order
Court involvementNone to set upPetition, doctor certificates, hearing
Ongoing reportingNone requiredGuardian reports and fiduciary accounts
Standard to startYour own informed choiceClear and convincing evidence of incapacity

The short version is plain. A durable power of attorney, an advance directive, and a signed guardian designation let you pick the people and skip the courtroom. A court guardianship is the backup for when no plan exists.

A Simple Planning Sequence

Use this order as a checklist, then confirm the details with a Maryland attorney:

  1. Sign a durable power of attorney for money and property, and name a successor agent.
  2. Sign an advance directive that names a health care agent and states your wishes.
  3. If you want a say in your own guardian, sign a guardian designation while you clearly have capacity.
  4. If you have minor children, name a guardian for them in your will, and consider a standby guardian if your health is fragile.
  5. Consider a revocable living trust if you want a successor trustee to manage assets with no court.
  6. Tell the people you named, give them copies, and review the plan after any big change in health, family, or money.

Keep these Maryland guides close as you build the plan:

This Maryland guardianship guide is a planning map, and the Estates and Trusts Article controls. Confirm the current statute text and your own plan with a licensed Maryland attorney before you rely on it. This guide is general information about Maryland guardianship. Confirm anything that affects your situation with the Circuit Court or a licensed Maryland attorney.

Sources:

It is not legal advice.

Prefer to talk it through? Connect with an estate-planning attorney

Settled Estate is not a law firm and does not give legal advice.

Information current as of July 21, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Maryland can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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