Adult Guardianship and Conservatorship Petition Requirements in Maryland

At a glance

Requirements one by one

Proceeding and state terminology

Maryland keeps guardianship of the person and guardianship of the property as separate legal tracks. Rules 10-201 and 10-301 nevertheless point both adult requests to the same official verified petition, CC-GN-002. The filer checks person, property, or both, so a combined case does not require two petition forms.

Who may file and where

Rules 10-201 and 10-301 allow an “interested person” to file. Md. Code, Estates and Trusts § 13-101(k) ties that status to the adult's guardian and heirs, government benefit agencies, and people or agencies eligible to serve under § 13-707. A person outside the listed categories may need the court to recognize that person's status rather than assuming any concerned acquaintance has standing.

Venue depends on the authority requested. A person petition for a Maryland resident goes where the adult resides or has been admitted to a qualifying non-State hospital; a nonresident person petition goes where the adult is physically present. A property petition for a resident goes where the adult resides even during a temporary absence. For a nonresident, Rule 10-301 also allows the county where property is located.

What the petition must contain

Form CC-GN-002 requires names and contact information for the petitioner, adult, and proposed guardian; the petitioner's relationship; interested persons; the people with whom the adult has lived during the last five years; and a functional description of the alleged disability. The filer states concrete facts for the person, property, or both standards and describes less restrictive alternatives attempted and failed.

A property request adds the adult's property interests, locations and values, plus the petitioner's own interest. The form also asks about existing guardians or conservators and all other proceedings concerning the adult. Required attachments include any guardian nomination, power of attorney, supported decision-making agreement, and the competency evidence.

Proof required for appointment

For personal authority, § 13-705(b) requires clear and convincing evidence of functional inability to make or communicate responsible decisions about health care, food, clothing, or shelter. The court must also find that no less restrictive intervention consistent with welfare and safety is available.

For property authority, § 13-201(c) requires inability to manage property and affairs effectively for a listed reason and property or benefits requiring proper management. That section does not name a burden of proof, so the property row does not import the personal track's express clear-and-convincing standard.

Alternatives the court must address

The less-restrictive finding is an express condition of person guardianship, not a suggestion. Form CC-GN-002 separately makes the petitioner describe alternatives attempted and failed for both person and property requests.

The property statute has another narrower tool. Under § 13-204(a)-(b), the circuit court may authorize a transaction, service, or care arrangement without appointing a continuing guardian and must consider whether the property needs continuing guardianship protection.

Notice, service, and hearing timing

Current Rule 10-203 requires Rule 2-121(a) service of the show-cause order on the adult and a person having care or custody, with an Advice of Rights for the adult. Interested persons receive the notice that directs objections and other participation under the dates in the attached show-cause order. The current rule does not state one universal minimum number of lead days for every ordinary adult case.

Rule 10-205 creates a separate 10-day deadline to request live testimony from a health professional whose certificate otherwise comes in as substantive evidence. If trial is less than 10 days after the response due date, the request may be filed any time before trial. Section 13-705(f) requires expedited handling when the person petition is connected to medical treatment.

Counsel and hearing rights

Rule 10-106 requires prompt appointed counsel after a petition for person, property, or both unless the adult already has chosen counsel. For a person petition, Rule 10-205 sets the case for jury trial, which the adult or counsel may waive before trial.

The full person-proceeding rule, § 13-705(a)-(f), also supplies the certificate, counsel, hearing-rights, and expedited-treatment provisions. Subsection (e) entitles the adult to attend unless presence is knowingly and voluntarily waived or impossible because of incapacity; nonappearance alone does not establish either ground. The adult may present evidence and cross-examine witnesses. The adult or counsel may request a closed nonjury hearing, and the statute keeps hearings confidential and sealed unless a court orders otherwise for good cause. If disability prevents courthouse attendance, Rule 10-205 permits trial at a reasonably accessible place.

Medical evidence or court investigator

The ordinary clinical filing is two signed, verified competency certificates: two physicians, or one physician plus a psychologist, licensed certified social worker-clinical, or nurse practitioner. At least one examination or evaluation must occur within 21 days before filing. Rule 10-301 substitutes specified affidavits or exhibits for a property petition based on imprisonment, foreign detention, or disappearance.

An investigator is possible but not automatic. Rule 10-106.2 lets the court appoint a specially qualified independent investigator for particular questions about whether guardianship is needed or whether a proposed guardian is suitable.

Limits on the order

Md. Code, Estates and Trusts § 13-708(a) permits only personal powers necessary for the adult's demonstrated need. The court may limit the appointment to one or more health-care decisions or, when disability probably will cease, to no more than one year. Under § 13-706(b), appointment itself is not evidence of incompetency and does not modify a civil right unless the court orders that change.

Emergency relief stays separate from this ordinary case. Md. Code, Estates and Trusts § 13-203(a)-(b) permits interim property protection only on specific affidavit facts showing immediate, substantial, irreparable injury before an adversary hearing. The separate process in § 13-709(b)-(c) uses a distinct emergency-protective-services process, clear and convincing proof, and only services necessary to remove the emergency conditions; it can include a temporary guardian for the approved services.

What trips people up

The two tracks do not use identical standards merely because they share Form CC-GN-002. Clear and convincing evidence and the statutory no-less-restrictive- intervention bar are express features of § 13-705's person track. Section 13-201's property test does not name that burden, while the form and § 13-204 still make alternatives and narrower transaction relief important.

The competency filing is not one generic doctor's letter. Maryland ordinarily requires two qualifying certificates, and at least one evaluation must fall within the 21-day prefiling window.

Common questions

Can the same petition ask for personal and financial authority?

Yes. CC-GN-002 has boxes for person, property, or both. The filer must still prove the separate legal standard for each authority requested.

Is a diagnosis enough to obtain guardianship?

No. The statutes ask whether the adult meets a functional personal or property standard. For person guardianship, the court also must find no consistent, less restrictive intervention is available.

Must the adult use the court-appointed attorney?

No. Rule 10-106 makes appointment the default only when the adult does not already have an attorney of the adult's own choice.

Can a certificate's author be required to testify?

Yes. Under Rule 10-205, an eligible interested person or the adult's attorney may request the health professional's appearance, ordinarily at least 10 days before trial.

Statutes and sources

• Md. Code, Estates and Trusts §§ 13-101, 13-201, 13-203, 13-204, and 13-705 through 13-709. Interested-person definition; person and property standards; narrower property relief; counsel and hearing rights; retained rights; limited powers; and emergency boundaries. Official Maryland General Assembly statutes (accessed July 18, 2026).
• Md. Rules 10-106, 10-106.2, 10-201 through 10-205, and 10-301. Standing, venue, service, appointed counsel, jury and certificate procedures, discretionary investigator, and property exhibits. Current Maryland Code and Court Rules (accessed July 18, 2026).
• Form CC-GN-002 (Rev. 07/2024). Mandatory verified adult petition for person, property, or both. Official Maryland Judiciary form (accessed July 18, 2026).