Guardianship of a Minor in Maryland
Helping Maryland Families Determine the Right Legal Arrangement for a Child
Sometimes a child needs an adult other than a parent to have legal authority to make decisions on the child's behalf. In other circumstances, a child may receive money or property that requires an adult to manage it.
Maryland law provides for guardianship of a minor in appropriate circumstances, but guardianship is not the same as custody. Determining which legal process is appropriate depends on why authority is needed, the role of the child's parents, and whether the issue involves the child's personal care, property, or both.
Our approach is to preserve stable relationships and appropriate parental involvement where possible while making sure the child and caregiver have the legal structure they actually need.
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.
When Might a Child Need a Guardian?
There is no single family situation that leads to minor guardianship.
A child may be living with a grandparent or other relative who needs legal authority to make important decisions. A parent may be unable to care for a child because of illness or other circumstances. In some cases, both parents may consent to another person serving as guardian.
A different situation can arise when a child receives money, an inheritance, settlement proceeds, benefits, or other property that the child cannot legally manage.
The first question is not simply, "How do I become this child's guardian?" It is determining what authority is needed and which Maryland proceeding can provide it without unnecessarily disrupting relationships or arrangements that are working.
Guardianship of the Person of a Minor
A guardian of the person has authority and responsibility for the child's personal needs within the scope of the court's order.
Maryland courts may appoint a guardian of the person of an unmarried minor when the statutory requirements are met and the court determines that the appointment is in the child's best interests.
The role of the child's parents is important. Depending on the circumstances, a proceeding may involve parental consent, a parent who is unavailable or unable to exercise parental rights, or disagreement about whether a guardian should be appointed.
Appointment of a guardian does not, by itself, terminate the parents' parental rights.
Guardianship or Custody: Which Do I Need?
For families, the distinction between guardianship and custody is not always obvious.
A grandparent or relative caring for a child may simply know that they need legal authority to enroll the child in school, obtain medical care, make important decisions, or provide a stable home. That does not necessarily tell them whether guardianship or a custody proceeding is the appropriate legal solution.
Because our firm practices both family law and guardianship law, we can evaluate the circumstances rather than force the family into a particular legal category. We consider why the child is in the caregiver's care, the parents' circumstances and positions, the authority the caregiver needs, and which relationships and arrangements can appropriately continue.
The right legal process is the one that addresses what needs to change while preserving what can safely and appropriately remain.
Guardianship of a Minor's Property
A child may need a guardian of property even when there is no question about who is caring for the child.
Maryland law permits appointment of a guardian of a minor's property when the child owns or is entitled to property that requires management or protection. This can arise with an inheritance, settlement proceeds, insurance proceeds, benefits, or other significant assets.
A guardian of property has fiduciary responsibilities and is subject to continuing court oversight, including applicable reporting and accounting requirements.
The person caring for the child and the person appointed to manage the child's property do not necessarily have to be the same person.
What If Someone Objects to the Guardianship?
Disagreement can arise about whether guardianship is necessary, whether another legal arrangement would be more appropriate, or who should serve as guardian.
These disputes can be particularly difficult because the people involved are often members of the same family and may remain connected long after the court proceeding ends.
Our attorneys identify which issues truly require a court decision and whether other concerns can be resolved in a way that protects the child while preserving workable family relationships. When agreement is not possible, we are prepared to litigate the disputed issues.
[Learn More About Contested Guardianship in Maryland ->]
What Happens After a Guardian Is Appointed?
Appointment of a guardian creates ongoing responsibilities. A guardian must act within the authority provided by the court and comply with applicable Maryland requirements.
Questions can arise later about the guardian's authority, management of property, changes in the child's circumstances, or whether the guardian should continue to serve. Our firm can assist with legal issues that arise after appointment as well as with establishing the guardianship.
How Our Maryland Minor Guardianship Attorneys Can Help
Families do not need to know which petition they should file before contacting us.
We begin by understanding why legal authority is needed, what is already working for the child, and what needs to change. Because our practice includes both guardianship and family law, we can help determine whether the circumstances call for guardianship, a custody proceeding, or another legal approach.
When guardianship is appropriate, we help clients pursue the required court proceeding. When family members disagree, our attorneys can negotiate where resolution is possible and litigate the disputed issues when necessary.
We also represent clients in guardianship of property matters involving assets belonging to a minor.
Talk to a Maryland Minor Guardianship Attorney
If you are caring for a child and need legal authority to make decisions, if a child has received property or money that requires legal management, or if you are involved in a disagreement concerning a proposed guardianship, we can help you determine the appropriate next step.
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
What is the difference between guardianship and custody of a child?
Guardianship and custody can both involve responsibility for a child, but they arise under different Maryland laws and are not interchangeable. A custody case generally concerns rights and responsibilities under Maryland family law. Guardianship is a separate court process that can give a guardian legal authority over the child's person, property, or both. Which process is appropriate depends on the child's circumstances, the relationships involved, and the authority that is actually needed.
Can a child need a guardian of property even if the parents are caring for the child?
Yes. Guardianship of a child's property is different from guardianship of the child's person. A minor may need someone with legal authority to manage money or property belonging to the child even when the parents continue to provide day-to-day care. This can arise when a child receives an inheritance, settlement proceeds, insurance proceeds, or other significant assets.