Maryland Guardianship Attorneys
Guidance for Maryland Families Facing Guardianship and Incapacity Issues
When a family member can no longer make important personal or financial decisions, or when a child needs someone other than a parent to have legal authority to act on the child's behalf, families are often left trying to determine what legal steps are necessary.
Guardianship may be part of the solution, but it is a significant court proceeding with important consequences for the individual and the family.
At Law Office of Shelly Maynard Ingram, we help Maryland families navigate guardianship matters involving adults and minors. We represent individuals seeking guardianship, family members and other interested persons involved in guardianship proceedings, and clients facing disputes about whether a guardianship is necessary, who should serve, or how an existing guardianship is being handled.
We begin by understanding what has changed, what is still working, and what needs to be addressed. Where existing relationships, decision-making authority, and workable arrangements can be preserved, we look for ways to protect them. Where change is necessary, we help families put a legal structure in place that can work going forward.
Call (240) 652-2596 to speak with our team. We can learn a little about what is happening and help you determine the appropriate next step. Prefer to start online? You can also contact us through our website or use our online chat.
Understanding Guardianship in Maryland
A guardianship is a legal relationship created by the court that gives one person authority to make certain decisions for another person.
Maryland law recognizes two primary types of guardianship: guardianship of the person and guardianship of the property. Depending on the circumstances, a court may appoint one or both.
A guardian of the person may be given authority over personal decisions involving matters such as medical care, housing, and other needs. A guardian of the property manages money, assets, benefits, and other financial affairs within the authority granted by the court.
Guardianship should address the authority that is actually needed. In adult cases in particular, preserving appropriate independence and decision-making authority is part of determining whether guardianship is necessary and, if so, what its scope should be.
Adult Guardianship in Maryland
Needing help is not the same as legally needing a guardian.
For a Maryland court to appoint a guardian of the person of an adult, the court must find by clear and convincing evidence that the individual lacks sufficient understanding or capacity to make or communicate responsible personal decisions because of a qualifying condition. The court must also determine that no less restrictive form of intervention consistent with the person's welfare and safety is available.
A separate legal standard applies when someone is unable to manage property or financial affairs and guardianship of property is requested.
If you are concerned about a loved one needing extra assistance our attorneys are here to help clients determine what protection is necessary while considering what decision-making authority, existing planning, and family support can appropriately remain in place.
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Guardianship of a Minor
Guardianship involving a child raises different issues.
A family may need legal authority for a grandparent, relative, or other caregiver to act for a child, or a child may need a guardian of property because the child owns or becomes entitled to money or other assets requiring management.
Minor guardianship is not the same as custody. We help families determine which legal structure fits the circumstances, with attention to the child's best interests, the role of the parents, and the relationships and arrangements that can appropriately be preserved.
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Contested Guardianship and Family Disputes
Not every family agrees that a guardianship is necessary - or who should serve if one is.
A dispute may concern the need for guardianship, the person proposed to serve, the scope of a guardian's authority, or concerns about an existing guardianship.
These cases combine legal questions with complicated family dynamics. We identify what actually requires a court decision, what can be preserved or resolved by agreement, and what needs to change for the arrangement to function going forward. When litigation is necessary, our attorneys are prepared to advocate in court.
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Planning Ahead: Powers of Attorney and Advance Directives
Not every situation involving incapacity requires guardianship.
When an individual still has legal capacity to plan ahead, a power of attorney can authorize another person to handle specified financial matters, while an advance directive can address health care decision-making.
Planning ahead can help preserve an individual's choices about who should act and how decisions should be made if circumstances change later.
Our firm assists clients with Maryland powers of attorney and advance directives, including the State's statutory forms. We do not prepare wills or trusts or provide comprehensive estate or tax planning. When broader estate-planning services are appropriate, we refer clients to qualified estate-planning counsel.
[Learn More About Powers of Attorney and Advance Directives ->]
What Happens After a Guardian Is Appointed?
Appointment is not the end of the process. Maryland guardianships remain subject to court oversight, and guardians have continuing responsibilities that depend on the type of appointment.
Circumstances can also change. Questions may arise about a guardian's authority, whether a guardian should be replaced, or whether the guardianship should be modified or terminated. When an existing structure no longer fits the individual's needs, we can help clients determine what should be preserved and what needs to be changed.
How Our Maryland Guardianship Attorneys Can Help
Guardianship cases do not all require the same approach.
Some families agree that a guardianship is necessary and need help navigating the legal process. Others disagree fundamentally about what should happen. Sometimes the real question is whether guardianship is necessary at all.
We begin with the problem rather than the petition. We look at what is working, what authority is missing, what relationships or decision-making can appropriately be preserved, and what legal structure is needed for the future.
Where agreement is possible, we work toward practical solutions that avoid unnecessary conflict. Where litigation is necessary, our attorneys are prepared to advocate for our clients in court.
Our Guardianship Services Include
- Adult guardianship of the person
- Adult guardianship of property
- Guardianship of minors
- Contested guardianship proceedings
- Disputes over who should serve as guardian
- Issues involving an existing guardian or guardianship
- Modification, removal, replacement, or termination of guardianship
- Powers of attorney
- Advance directives
Talk to a Maryland Guardianship Attorney
Families usually begin looking for a guardianship attorney because something has changed. You do not need to determine the right legal solution before you call us.
We can help you understand what can remain in place, what needs legal protection or restructuring, and what options are available for moving forward.
Call (240) 652-2596 to speak with our team. We can learn a little about your situation and help identify the appropriate next step. Prefer to start online? Contact us through our website or use our online chat.
Frequently Asked Questions
How long does a guardianship case take in Maryland?
There is no single timetable for a Maryland guardianship case. Timing depends on factors such as obtaining required medical or professional evaluations, providing notice to interested persons, the court's schedule, and whether anyone objects to the guardianship or the proposed guardian. An uncontested case may proceed more efficiently than a case involving disputed capacity, competing proposed guardians, discovery, or other contested issues.
Can I get emergency guardianship in Maryland?
Maryland law provides procedures for situations involving a genuine emergency, but not every urgent family problem qualifies as a legal emergency. For guardianship of the person, an emergency generally involves a substantial risk of death or immediate and serious physical harm. If someone appears to be in immediate danger and guardianship may be necessary, it is important to identify both the nature of the emergency and the legal authority that is actually needed.
Do I need an attorney to file for guardianship in Maryland?
Maryland provides court forms and information for people seeking guardianship, and a petitioner is not always required to have an attorney. Guardianship proceedings can nevertheless involve significant legal and procedural requirements. An attorney can help determine whether guardianship is the appropriate proceeding in the first place, prepare and present the case, and address objections or other issues that arise.