Legal Guardianship in Maryland
What Families Need to Know
Families in Maryland often face emotional and legal challenges when a loved one can no longer make decisions for themselves. Whether you’re stepping in to care for a child or an elderly parent, becoming a legal guardian may be necessary — and we’re here to help guide you through the process.
Key Takeaways
- A guardian is someone appointed by the court to manage the personal or financial needs of another person.
- Common guardianship cases involve minors, mentally disabled adults, and elderly individuals who can’t care for themselves.
- Maryland law prioritizes who can be appointed as guardian, but courts may override this for good cause.
- Guardianship is often required for medical care, school enrollment, or financial protection.
- While not always required, hiring an attorney can streamline the process and prevent unnecessary complications.
What Is a Legal Guardian in Maryland?
In Maryland, a guardian is a person appointed by the court to take legal responsibility for another person (called the “ward”) or their property — or both. This typically becomes necessary when the individual cannot make informed decisions on their own.
Common situations where guardianship is needed include:
- Minors – Children under 18 who are not in the care of a parent.
- Mentally Disabled Adults – Individuals who have been diagnosed with a cognitive or psychiatric condition.
- Elderly Individuals – Seniors who can no longer manage their own care, finances, or medical decisions.
We most often help families with guardianship cases involving minors or elderly loved ones, where time, emotions, and legal details can feel overwhelming.
Who Can Be Appointed as Guardian in Maryland?
Maryland law outlines a priority list for appointing guardians, but this isn’t set in stone. The court’s ultimate goal is to serve the ward’s best interests. Priority is generally given in this order:
- Pre-Designated Guardian – If the individual previously named someone in a legal document (like a power of attorney), that person is first in line.
- Blood Relatives – This includes parents, siblings, or adult children.
- Other Interested Individuals – Close friends, step-relatives, or others with a meaningful relationship to the ward.
If there’s a good reason, the court can appoint someone lower on the list over someone with higher priority.
Why Guardianship May Be Needed
Legal guardianship ensures the person in need can receive essential services, such as:
- Medical treatment
- Educational enrollment
- Access to public benefits
- Protection from exploitation or neglect
In many child guardianship cases, a parent may be unavailable, unfit, or simply absent — and a relative steps in to care for the child. But without court-appointed authority, even the most devoted caregiver may be unable to take the child to the doctor or enroll them in school.
For elderly individuals, guardianship allows trusted family members to manage medical decisions, finances, or living arrangements when they can no longer do so themselves.
How to File for Guardianship in Maryland
To become a legal guardian, you’ll need to file a petition with the court. This legal document asks the court to appoint you as guardian and outlines why the individual needs help.
The process includes:
- Filling out and filing court forms
- Notifying all interested parties
- Possibly attending a court hearing
- Submitting documentation (medical evaluations, family support letters, etc.)
While it’s possible to complete this process without a lawyer in cooperative situations, it’s often best to have legal support — especially if anyone objects or complications arise.
Do You Need an Attorney to File for Guardianship?
Technically, no — but in practice, having a family law attorney in Maryland on your side can make a big difference.
If everyone involved agrees and the situation is straightforward, you may be able to file on your own by contacting your local courthouse. However, if:
- One or more parties are uncooperative,
- You’re unsure how to prepare the paperwork, or
- There are unique complications (such as locating a missing parent or addressing concerns about the ward’s care),
Then hiring an attorney can save you time, stress, and future legal headaches.
Talk to a Family Law Attorney in Maryland Today
We’ve helped countless families across Maryland navigate complex guardianship matters with compassion and confidence. Whether you’re caring for a child, an aging parent, or someone with special needs, we’re ready to walk you through the guardianship process from start to finish.
Call The Burton Firm today to schedule your free consultation with an experienced family law attorney in Maryland. Let’s work together to protect the people who matter most.