Contested Guardianship & Guardianship Disputes in Maryland

Representation When Families Disagree About Guardianship

Guardianship proceedings often begin because someone is concerned about a family member's ability to make important personal or financial decisions. But family members do not always agree about what that person needs - or who should have authority to make decisions.

A guardianship dispute may involve whether a guardian is needed at all, who should serve, how much authority a guardian should receive, or concerns about the actions of a guardian who has already been appointed.

At Law Office of Shelly Maynard Ingram, we represent clients in contested guardianship proceedings involving adults and minors. We bring substantial experience handling difficult family disputes, negotiation, discovery, and litigation - while keeping sight of the family and legal structure that will remain after the case is over.

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.

What Can Be Contested in a Maryland Guardianship Case?

A contested guardianship does not necessarily mean that two family members are simply competing to become guardian.

The disagreement may concern whether guardianship is necessary, whether a less restrictive arrangement is sufficient, whether guardianship of the person or property is appropriate, who should serve, how much authority the guardian should receive, or whether an existing guardian is properly carrying out the responsibilities of the appointment.

Understanding what is actually in dispute is the first step. It also helps identify what is not in dispute - and what may be preserved even when other issues require a court decision.

Challenging Whether Guardianship Is Necessary

Guardianship can significantly affect an individual's legal rights.

For an adult guardianship of the person, Maryland law requires clear and convincing evidence that the individual lacks sufficient understanding or capacity to make or communicate responsible personal decisions because of a qualifying condition and that no less restrictive form of intervention consistent with the person's welfare and safety is available.

An interested person may challenge a petition when they believe those requirements have not been satisfied. The individual alleged to need a guardian also has important rights during the proceeding, including the right to legal representation.

Our attorneys help clients evaluate the evidence supporting or opposing guardianship with attention to both necessary protection and the decision-making authority that can appropriately remain with the individual.

[Learn More About Adult Guardianship in Maryland ->]

Disputes Over Who Should Serve as Guardian

Family members sometimes agree that a guardian is necessary but strongly disagree about who should serve.

Maryland law establishes priorities the court considers when appointing a guardian of the person of a disabled adult. Priority does not necessarily eliminate disagreement about whether a particular person should be appointed.

Concerns may involve a proposed guardian's relationship with the individual, ability to carry out the responsibilities of guardianship, past handling of financial or personal matters, or conflict among family members.

When possible, resolving the appointment issue in a way that preserves workable family relationships can matter long after the hearing is over. When agreement is not possible, the court may be required to decide who should serve.

Rights of Interested Persons in a Guardianship Case

Maryland law recognizes certain individuals and entities as interested persons in guardianship proceedings.

Depending on the circumstances, an interested person may receive notice, participate in the case, challenge the need for guardianship, object to the proposed guardian, conduct discovery, present evidence, and ask the court to limit the guardian's authority.

Those rights can continue after a guardian has been appointed. If you receive notice of a guardianship proceeding involving a family member, understanding your role and rights can be important to determining whether and how you should participate.

Problems With an Existing Guardian

Guardianship disputes do not necessarily end when the court appoints a guardian.

Concerns may arise later about personal decisions, management of money or property, compliance with court requirements, or whether the existing arrangement continues to meet the individual's needs.

Not every disagreement with a guardian requires removal or a new round of litigation. We begin by identifying what is not working, whether the problem can be corrected within the existing structure, and whether court intervention is necessary. When the structure itself no longer works, Maryland law provides procedures for seeking appropriate changes.

Removal or Replacement of a Guardian

There are circumstances in which a guardian may no longer be able or appropriate to serve.

A request for removal or replacement may involve allegations that a guardian is failing to perform required duties, mismanaging property, failing to address the person's needs, or otherwise acting inconsistently with the responsibilities of the appointment.

Our attorneys can represent interested persons raising concerns as well as guardians responding to challenges concerning their appointment or performance.

Resolving Guardianship Disputes With an Eye Toward What Comes Next

Guardianship disputes often involve people who will remain connected long after the court case is over.

A court can decide whether a guardian is necessary, who should serve, and what authority that person should have. But a court order does not necessarily resolve the family relationships, communication problems, or practical decisions that brought everyone to court.

Our approach begins by identifying what can be preserved. That may be an individual's remaining independence and decision-making authority, an existing relationship with a trusted family member, a workable arrangement that needs additional structure rather than replacement, or areas of agreement among family members who disagree about other issues.

Where those things can be preserved, we look for ways to protect them. Where the existing arrangement no longer works, we help clients build a legal structure that can work going forward.

Sometimes that can be accomplished through agreement. Other times, protecting an individual or resolving a serious family dispute requires a decision from the court. Our attorneys are comfortable with both.

The objective is not simply to win the immediate dispute. It is to resolve what needs to be resolved and help create an arrangement that can function after the case is over.

How Our Maryland Guardianship Attorneys Can Help

Contested guardianship proceedings can involve complicated family relationships, medical or capacity evidence, financial records, discovery, witness testimony, and significant questions about an individual's legal rights.

We represent petitioners facing objections, interested persons challenging the need for guardianship, family members disputing who should serve, individuals seeking limits on a guardian's authority, parties concerned about an existing guardian, and guardians responding to challenges concerning their appointment or performance.

We begin by identifying what is actually in dispute, what can be preserved, and what evidence will be needed. From there, we develop a strategy that may include negotiation, discovery, evidentiary preparation, and litigation.

Talk to a Maryland Contested Guardianship Attorney

If you have received notice of a guardianship proceeding, disagree about whether a family member needs a guardian, object to the person proposed to serve, or have concerns about an existing guardianship, it is important to understand your rights and options.

Call Law Office of Shelly Maynard Ingram at (240) 652-2596 or contact us online to schedule a consultation with a Maryland guardianship attorney.

Frequently Asked Questions

What if my siblings and I disagree about whether our parent needs a guardian?

Family members do not have to agree before someone can ask a Maryland court to establish guardianship. If there is disagreement, the court considers the evidence concerning the person's capacity, the decisions they can and cannot make, the support already available, and whether a less restrictive alternative is sufficient. Sometimes the real disagreement is not whether a parent needs help, but how much help is needed and who should provide it.

What happens if family members disagree about who should serve as guardian?

The court ultimately decides who should serve. Maryland law establishes priorities for appointment, but priority does not automatically determine the outcome in every case. These disputes can become highly personal. Where possible, we look for ways to separate the person's actual needs from the family conflict and determine whether some areas of disagreement can be resolved without litigating every issue.