Maryland Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a Maryland court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on Md. Code, Estates and Trusts, Title 13 (Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults); procedure in Maryland Rules, Title 10

By Settled Estate EditorialPublished: June 28, 2026Updated: July 21, 2026

What guardianship and conservatorship mean here

Guardianship is a court process in which a judge gives one person legal authority to make decisions for an adult who can no longer make them safely. Maryland guardianship is governed by Md. Code, Estates and Trusts, Title 13 (Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults); procedure in Maryland Rules, Title 10.

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Guardian of the Person of a Disabled Person

A person appointed by the Circuit Court under Subtitle 7 to make personal decisions for a disabled adult, including provisions for health care, food, clothing, and shelter. The court must find by 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 consistent with the person's welfare and safety.

Md. Est. & Trusts 13-705, 13-708

Guardian of the Property (Guardian of the Estate)

A person or corporation appointed by the Circuit Court under Subtitle 2 to manage the property and financial affairs of a minor or disabled person. For a disabled person, the court must find that the person is unable to manage the person's property and affairs effectively because of physical or mental disability, disease, habitual drunkenness, addiction to drugs, imprisonment, compulsory hospitalization, detention by a foreign power, or disappearance, and that the person has or may be entitled to property that requires management. Appointment vests title to the property in the guardian, and the guardian is the statutory agent for filing government reports and returns.

Md. Est. & Trusts 13-201, 13-206

Limited Guardian of the Person

The court grants a guardian of the person only the powers necessary to provide for the disabled person's demonstrated need. The court may appoint a guardian for the limited purpose of making one or more decisions related to health care, or for a limited period of time if it appears probable that the disability will cease within one year.

Md. Est. & Trusts 13-708

More guardianship types4 additional arrangements courts use in specific situations, with statute cites

Temporary Guardian (Emergency Protective Services)

In an emergency the court may issue an emergency order and appoint a temporary guardian, who may be the petitioner, another interested person, the director of the local department of social services, or the Secretary of Aging. Protective services under an initial emergency order last no more than 144 hours (6 days) and may be extended until a guardian is appointed.

Md. Est. & Trusts 13-709; Md. Rule 10-210

Court-Appointed Guardian of the Person of a Minor

On petition by any person interested in the welfare of an unmarried minor, and after notice and a hearing, the Circuit Court may appoint a guardian of the person of the minor if it finds by a preponderance of the evidence that the appointment is in the minor's best interest, that no testamentary appointment has been made (or that appointee cannot serve), and that either no parent is able to act, all living parents consent, or no parent objects. A minor at least 14 years old may designate the guardian, whom the court appoints if qualified and consistent with the minor's best interest.

Md. Est. & Trusts 13-702

Testamentary Guardian of a Minor

Unless prohibited by an 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. The guardian need not be approved by or qualify in any court.

Md. Est. & Trusts 13-701

Standby Guardian of a Minor Child

Under the Standby Guardianship subtitle, a parent facing a serious health condition may designate or petition for a standby guardian of a minor child whose authority becomes effective on a triggering event: the parent's death, the parent's incapacity, the parent's debilitation together with the parent's consent, or an adverse immigration action against the parent together with the parent's consent.

Md. Est. & Trusts 13-901 et seq. (Subtitle 9)

The Maryland guardianship court process

1File Petition in Circuit CourtA petition for guardianship of the person (Md.

A petition for guardianship of the person (Md. Est. & Trusts 13-705; Md. Rule 10-201) or guardianship of the property (Md. Est. & Trusts 13-201; Md. Rule 10-301) is filed in the Circuit Court for the county where the alleged disabled person resides or is present. Guardianship is a Circuit Court matter and is separate from Maryland's Register of Wills and Orphans' Court probate system.

2File Physician and Psychologist CertificatesA petition to appoint a guardian of the person of a disabled person must be supported by signed certificates from two licensed physicians, or from one physician plus one licensed psychologist, licensed clinical social worker, or nurse practitioner who has examined the person.

A petition to appoint a guardian of the person of a disabled person must be supported by signed certificates from two licensed physicians, or from one physician plus one licensed psychologist, licensed clinical social worker, or nurse practitioner who has examined the person. At least one of the examinations must have occurred within 21 days before the petition is filed (Md. Est. & Trusts 13-705(c)).

3Notice and Appointment of CounselThe alleged disabled person is served with the petition and show-cause order and is entitled to counsel.

The alleged disabled person is served with the petition and show-cause order and is entitled to counsel. The court appoints an attorney to represent the person unless the person has retained counsel of choice; if the person is indigent, the State pays the attorney's fee (Md. Est. & Trusts 13-705(d)).

4HearingThe alleged disabled person has the right to attend the hearing (unless the right is knowingly waived or attendance is not feasible because of the disability), to present evidence, and to cross-examine witnesses, and may demand a jury trial.

The alleged disabled person has the right to attend the hearing (unless the right is knowingly waived or attendance is not feasible because of the disability), to present evidence, and to cross-examine witnesses, and may demand a jury trial. The court must find incapacity by clear and convincing evidence and that no less restrictive form of intervention is available consistent with the person's welfare and safety (Md. Est. & Trusts 13-705(b), 13-705(e)).

5Order of Appointment; Least Restrictive and Limited GuardianshipIf the standard is met, the court appoints a guardian, selecting the best qualified willing person under the priority list (13-707 for the person, 13-207 for the property).

If the standard is met, the court appoints a guardian, selecting the best qualified willing person under the priority list (13-707 for the person, 13-207 for the property). The court grants a guardian of the person only the powers necessary to meet the demonstrated need, and may order a limited guardianship for specific health care decisions or for a limited period if the disability is likely to cease within one year (Md. Est. & Trusts 13-708).

6Qualification, Bond, and LettersA guardian of the property qualifies by filing any bond the court requires before letters of guardianship issue; on appointment, title to the minor or disabled person's property vests in the guardian, and the guardian becomes the statutory agent for government reports (Md.

A guardian of the property qualifies by filing any bond the court requires before letters of guardianship issue; on appointment, title to the minor or disabled person's property vests in the guardian, and the guardian becomes the statutory agent for government reports (Md. Est. & Trusts 13-206).

7Ongoing ReportingA guardian of the person files a periodic report on the disabled person's status with the court (Md.

A guardian of the person files a periodic report on the disabled person's status with the court (Md. Est. & Trusts 13-708). A guardian of the property files an initial inventory and an annual fiduciary account, filing the Annual Fiduciary Report within 60 days after the end of each anniversary year of the guardianship and paying the value-based annual report filing fee (Maryland Rules, Title 10).

How long it takes

Emergency protective services: an initial emergency order and temporary guardianship last up to 144 hours (6 days), extendable until a guardian is appointed, with the guardianship petition heard on an expedited basis no more than 60 days after filing (Md. Est. & Trusts 13-709). A standard, uncontested adult guardianship commonly resolves within roughly two to four months from filing, subject to the notice, certificate, and hearing requirements. Reporting duties continue for the life of the guardianship.

Alternatives to consider before guardianship

Durable Power of Attorney

Allows a competent adult to name an agent for financial and property decisions. Under Maryland law a written power of attorney is durable by default and stays effective through the principal's later disability or incapacity unless the document provides otherwise, so it can avoid the need for a guardianship of the property. If a guardian is later appointed, the agent accounts to the guardian.

Md. Est. & Trusts 17-105 (Maryland General and Limited Power of Attorney Act, Title 17)

Advance Directive and Health Care Agent

Allows an adult to appoint a health care agent and state treatment wishes under the Maryland Health Care Decisions Act, avoiding the need for a guardian of the person for medical decisions. A health care agent appointed under Health-General Title 5, Subtitle 6 receives priority for appointment as guardian of the person if a guardianship later becomes necessary.

Md. Health-General 5-601 et seq. (Health Care Decisions Act); see Md. Est. & Trusts 13-707(a)(2)

Less Restrictive Alternatives and Supported Decision-Making

Before appointing a guardian of the person, the court must find that no less restrictive form of intervention is available consistent with the person's welfare and safety, and any guardianship must be tailored to the person's demonstrated need. Supports such as powers of attorney, advance directives, joint accounts, and informal assistance are considered first.

Md. Est. & Trusts 13-705(b)(2), 13-708

Representative Payee

Appointed by the Social Security Administration to manage Social Security and certain federal benefits only. Limited in scope to those federal benefits and does not require a court proceeding.

42 U.S.C. 405(j)

Trust

Assets placed in a trust can be managed by a successor trustee without court involvement if the grantor becomes incapacitated, avoiding a guardianship of the property over those assets. Governed by the Maryland Trust Act.

Md. Est. & Trusts Title 14.5 (Maryland Trust Act)

Planning ahead: naming a guardian in advance

Naming a guardian in advance: Maryland lets a competent adult nominate the person or corporation to serve as the adult's own future guardian. A designation signed when the person was at least 16 years old gives that nominee first priority for appointment as guardian of the property (13-207(a)(2)) and as guardian of the person (13-707(a)(1)), provided the court finds the person had sufficient mental capacity to make an intelligent choice when the designation was executed. The stronger pre-need tools, which can avoid guardianship altogether, are the durable power of attorney (durable by default under 17-105, naming an agent for financial and property decisions) and the advance directive under the Maryland Health Care Decisions Act (naming a health care agent, who also receives priority for guardian of the person under 13-707(a)(2)). Separately, a parent may appoint a guardian of the person of a minor child by will (13-701), and a parent facing a serious health condition may designate a standby guardian of a minor child (Subtitle 9).

Guardianship costs

Court filing fee: $165 to file a guardianship petition in the Circuit Court (statewide Maryland Judiciary Circuit Court filing fee). A fee waiver is available through a Request for Waiver of Prepaid Costs (form CC-DC-089). A guardian of the property also pays a value-based Annual Fiduciary Report filing fee: $20 if the ward's assets are under $10,000, $30 for $10,000 to $25,000, and $40 if over $25,000.
Court appointed attorney for the disabled person: The court appoints an attorney to represent the alleged disabled person unless the person has counsel of choice (Md. Est. & Trusts 13-705(d)). Roughly $1,000 to $3,000, usually paid from the estate or by the petitioner, or by the State if the person is indigent.
Medical or capacity evaluation: $300 to $2,000 for the physician and psychologist certificates required to accompany the petition (Md. Est. & Trusts 13-705(c))
Attorney fees for the proceeding: $2,500 to $8,000 or more for an uncontested adult guardianship, higher if contested
Bond premium: Set by the court when a guardian of the property must post bond; roughly 0.5% of the bonded estate value per year
Annual reporting: Little to none if the guardian files the annual person report and fiduciary account without help; $500 to $2,500 per year if professional help is hired, plus the $20 to $40 value-based Annual Fiduciary Report filing fee for a guardian of the property

Costs vary by county and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in Maryland?

Guardianship in Maryland is a court process under Md. Code, Estates and Trusts, Title 13 (Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults); procedure in Maryland Rules, Title 10 in which a court appoints a person to make personal, medical, or financial decisions for someone the court has found can no longer make them safely.

What are the alternatives to guardianship in Maryland?

Less restrictive alternatives in Maryland include Durable Power of Attorney, Advance Directive and Health Care Agent, Less Restrictive Alternatives and Supported Decision-Making, Representative Payee. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.

How long does the Maryland guardianship process take?

Do I need a lawyer to file for guardianship in Maryland?

Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some Maryland courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.

Statutes and sourcesOfficial references used for this page

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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.