Adult Guardianship in Maryland
Helping Maryland Families Navigate Adult Guardianship
When an adult is no longer able to make important personal decisions or manage financial affairs, family members are often left trying to determine what they can do to help.
Sometimes guardianship is appropriate. In other situations, existing planning documents, family support, or less restrictive options may provide sufficient authority. The goal is not to take away decision-making simply because someone needs help. It is to determine what protection is actually necessary while preserving appropriate independence and existing arrangements wherever possible.
At Law Office of Shelly Maynard Ingram, we help Maryland families understand whether guardianship may be appropriate, determine what type of guardianship is needed, and navigate the court process. We represent petitioners, proposed guardians, and other interested persons in both uncontested and contested adult guardianship proceedings.
Call (240) 652-2596 to speak with our team about what is happening and the next step. Prefer to start online? You can also contact us through our website or use our online chat.
When Is Adult Guardianship Necessary in Maryland?
Needing assistance is not the same as legally needing a guardian.
For a guardian of the person, a Maryland 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 different standard applies to guardianship of property. It may be appropriate when an adult is unable to effectively manage property and financial affairs because of a qualifying condition or circumstance and has or may be entitled to property or benefits requiring proper management.
The fact that an adult is making decisions that family members disagree with does not, by itself, establish the need for guardianship.
Guardianship of the Person and Guardianship of Property
An adult guardianship can involve personal affairs, financial affairs, or both.
A guardian of the person may be given authority to make decisions concerning the individual's health, safety, medical care, housing, and other personal needs. The court may limit the guardian's authority to the powers necessary to address the individual's demonstrated needs.
A guardian of the property manages assets and financial affairs within the authority granted by the court and has continuing fiduciary, reporting, and accounting responsibilities.
Depending on the circumstances, the same individual may serve in both roles, or different people may be appointed.
How Is Adult Guardianship Established?
Adult guardianship is established through a proceeding in the Maryland Circuit Court. The person seeking guardianship files a petition explaining why guardianship is requested, what type is being sought, and who is proposed to serve.
Maryland law generally requires competency evaluations from qualifying health care professionals when guardianship of an alleged disabled adult is requested. The individual alleged to need a guardian has significant rights during the proceeding and is generally represented by counsel.
The court ultimately determines whether the legal requirements have been established, who should serve, and what authority the guardian should receive.
What If Family Members Disagree?
Adult guardianship cases can become contested because family members disagree about whether guardianship is necessary, who should serve, or how personal or financial affairs should be handled. The adult who is the subject of the proceeding may also oppose the guardianship.
Our approach is to identify what is actually in dispute. Sometimes significant areas of agreement or existing support can be preserved even when other issues require a court decision. When litigation is necessary, our attorneys are prepared to conduct discovery and present the disputed issues to the court.
[Learn More About Contested Guardianship in Maryland ->]
What Happens After Appointment?
Being appointed guardian creates continuing responsibilities, and the guardianship remains subject to court oversight.
Circumstances may change after appointment. A person's abilities may improve, another arrangement may become available, or the existing guardianship may no longer fit the person's needs. Maryland law allows courts to address modification, replacement, removal, and termination when appropriate.
The continuing question should be whether the structure still provides the protection that is needed without unnecessarily displacing authority or arrangements that can safely remain in place.
Can a Power of Attorney or Advance Directive Avoid Guardianship?
Sometimes. A valid power of attorney may provide authority to handle financial matters, while an advance directive may provide authority concerning health care decisions. Whether an existing document is sufficient depends on the document, the decisions that need to be made, and the circumstances.
For individuals who still have capacity to plan ahead, these documents can help preserve their choices about who will act and how decisions will be made if incapacity occurs later.
Law Office of Shelly Maynard Ingram prepares Maryland powers of attorney and advance directives. 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 ->]
How Our Maryland Adult Guardianship Attorneys Can Help
Families usually come to us because there is a problem that needs to be solved - not because they already know which guardianship petition should be filed.
We begin by asking what has changed, what is still working, and what authority is actually missing. That may mean determining whether guardianship of the person, property, or both is appropriate; whether an existing document or arrangement can continue to do part of the work; or whether a more substantial legal structure is now necessary.
When guardianship is appropriate, we guide clients through the court process. When the matter is contested, we negotiate where resolution is possible and litigate disputed issues when necessary. We also advise guardians and interested persons when legal issues arise after appointment.
Talk to a Maryland Adult Guardianship Attorney
If you are concerned that a parent, spouse, adult child, or other family member can no longer safely manage important personal or financial decisions, you do not need to determine on your own whether guardianship is the right solution.
We can help you understand what can be preserved, what protection may be necessary, and what the guardianship process would involve.
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
Does having dementia or another diagnosis automatically mean someone needs a guardian?
No. A diagnosis alone does not establish the need for guardianship. Maryland law focuses on the person's ability to make or communicate responsible decisions and whether a less restrictive alternative is available. Two people with the same diagnosis may have very different abilities and support systems. The question is not simply what is the diagnosis? It is what can this person still do, what help is needed, and what legal authority is necessary?
Can a Maryland court appoint a limited guardian instead of taking away all of someone's decision-making authority?
Yes. Guardianship does not have to be all-or-nothing. Maryland law permits the court to give a guardian only the authority necessary to address the person's demonstrated needs. A person may need assistance with some decisions while remaining capable of making others. A limited guardianship can therefore provide needed protection while preserving decision-making authority the individual can continue to exercise.