Maryland Adult Guardianship Petition Package

Maryland Adult Guardianship Petition Package

Part 1 — Pre-Petition Checklist

☐ Confirmed Petitioner is an "interested person" under Md. Code, Est. & Trusts § 13-101 (relatives, government agencies, or anyone who has assumed responsibility for the alleged disabled person).
☐ Confirmed venue under Md. Rule 10-201(c) (guardian of person) or Md. Rule 10-301(b) (guardian of property): county where AIP resides OR is hospitalized for medical care/treatment in a non-State, non-licensed-private facility.
☐ Determined whether petition seeks:
☐ Guardian of the Person only (Est. & Trusts § 13-705);
☐ Guardian of the Property only (Est. & Trusts § 13-201);
☐ BOTH person and property (commonly filed together but separate standards).
☐ Obtained TWO Certificates of Competency under Md. Rule 10-202:
☐ Two physicians, OR
☐ One physician + one psychologist, OR
☐ One physician + one licensed certified social worker–clinical (LCSW-C), OR
☐ One physician + one nurse practitioner;
AND at least one certificate is based on an examination within 21 days before filing.
☐ Considered Md. Rule 10-202 procedure for appointment of health care professional by court if AIP resides with someone who refuses to permit examination.
☐ Documented all less restrictive alternatives considered (Advance Directive, Healthcare POA, Durable POA, Surrogate Decision Maker under Health-Gen. Title 5, Subtitle 6).
☐ Identified all interested persons required to receive notice under Est. & Trusts § 13-203: spouse, adult children, parents, adult siblings, healthcare agent, SSA/VA, local Department of Social Services, fiduciaries.
☐ Considered whether an expedited hearing under Est. & Trusts § 13-705(f) is needed for time-sensitive medical treatment / discharge decisions.
☐ Prepared Petition using Maryland Judiciary form CC-GN-002 (Petition for Guardianship of Alleged Disabled Person) or its successor.
☐ Filing fee ($165 typical) confirmed with Circuit Court Clerk.

Part 2 — Verified Petition for Appointment of Guardian

VERIFIED PETITION FOR APPOINTMENT OF GUARDIAN

Petitioner, [PETITIONER NAME], by counsel, pursuant to Md. Code, Est. & Trusts §§ 13-201, 13-705 and Md. Rules 10-201 and 10-301, respectfully petitions this Court for the appointment of a guardian for the Alleged Disabled Person ("ADP"), and states:

1. Petitioner and Interest

2. Alleged Disabled Person ("ADP")

3. Type of Guardianship Sought

☐ Guardian of the Person (Est. & Trusts § 13-705 — clear and convincing standard)
☐ Guardian of the Property (Est. & Trusts § 13-201 — preponderance standard)
☐ Both Person and Property

4. Nature of Disability

The ADP, by reason of the above condition(s):

☐ Lacks sufficient understanding or capacity to make or communicate responsible personal decisions, including provisions for healthcare, food, clothing, or shelter (§ 13-705); AND/OR
☐ Is unable to manage his/her property and affairs effectively because of physical or mental disability, disease, habitual drunkenness, addiction to drugs, imprisonment, compulsory hospitalization, detention by a foreign power, or disappearance, AND has or may be entitled to property or benefits requiring proper management (§ 13-201(c)).

5. Property of ADP

6. Proposed Guardian

7. Interested Persons (Est. & Trusts § 13-101; Md. Rule 10-201/10-301)

8. Less Restrictive Alternatives

Statement: No less restrictive form of intervention is available which is consistent with the ADP's welfare and safety (§ 13-705(b)).

9. Expedited Hearing Request (if applicable)

☐ Petitioner requests an expedited hearing under Est. & Trusts § 13-705(f) and Md. Rule 10-201(f) for the following time-sensitive medical decision:
[________________________________]

10. Prayer for Relief

WHEREFORE, Petitioner prays:

a. That the Court issue a Show Cause Order under Md. Rule 10-203;
b. That the Court appoint counsel for the ADP under Md. Rule 10-106;
c. That the Court schedule a hearing under Md. Rule 10-205;
d. That after hearing, the Court adjudge the ADP a disabled person;
e. That the Court appoint [PROPOSED GUARDIAN] as Guardian of the ☐ Person ☐ Property ☐ Both;
f. That bond be set as required under Md. Rule 10-704;
g. That Letters of Guardianship issue; and
h. For such other and further relief as the Court deems just.

VERIFICATION

I solemnly affirm under the penalties of perjury that the contents of this Petition are true to the best of my knowledge, information, and belief.

Attorney for Petitioner:

Part 3 — Notice / Show Cause Order to ADP

SHOW CAUSE ORDER AND NOTICE TO ALLEGED DISABLED PERSON (Md. Rule 10-203)

TO: [ADP NAME]

A Petition has been filed asking the Circuit Court for [______________] County to appoint a Guardian for you. If a Guardian is appointed, you may lose the right to make decisions about your healthcare, residence, finances, and other important matters.

YOU ARE HEREBY ORDERED to SHOW CAUSE within [____] days of service of this Order why the relief requested in the Petition should not be granted. You must file a written response with the Clerk of this Court.

YOUR RIGHTS UNDER MARYLAND LAW:

☐ The right to court-appointed counsel at no cost to you (Md. Rule 10-106 — MANDATORY for guardianship of the person);
☐ The right to a hearing in a location reasonably accessible to you;
☐ The right to a jury trial in guardianship of the person proceedings;
☐ The right to be present at the hearing;
☐ The right to a closed hearing if you request;
☐ The right to present evidence and to examine witnesses;
☐ The right to require proof by clear and convincing evidence (guardianship of the person) or preponderance of the evidence (guardianship of the property);
☐ The right to require the Court to consider less restrictive alternatives.

HEARING:

Part 4 — Notice to Interested Parties (Md. Rule 10-203; Est. & Trusts § 13-203)

NOTICE OF PETITION FOR GUARDIANSHIP AND SHOW CAUSE ORDER

TO: [NAME], [RELATIONSHIP]

PLEASE TAKE NOTICE that [PETITIONER NAME] has filed a Petition for Guardianship of [ADP NAME] in the Circuit Court for [______________] County, Maryland, Case No. [____________].

You are an interested person. You may file a written response within [____] days. A hearing is scheduled for:

Persons Entitled to Notice (Est. & Trusts § 13-203; Md. Rule 10-201/10-301):

Part 5 — Certificates of Health Care Professional (Md. Rule 10-202)

CERTIFICATE OF COMPETENCY — HEALTH CARE PROFESSIONAL

ADP: [_______________________]
Examiner Name: [_______________________]
Examiner Credentials: ☐ Physician ☐ Psychologist ☐ LCSW-C ☐ Nurse Practitioner
License No.: [_______________________]
Date of Examination: [__/__/____]

A. Description of Examination

[________________________________]

B. Diagnosis / Conditions

[________________________________]

C. Functional Assessment

D. Less Restrictive Alternative

☐ A less restrictive alternative would be sufficient: [____________]
☐ No less restrictive alternative is adequate to protect the ADP.

E. Ability to Attend Hearing

☐ Can attend without harm
☐ Attendance would be detrimental to health (explain): [____________]

F. Opinion as to Need for Guardian

☐ Guardian of person is needed
☐ Guardian of property is needed
☐ Both needed
☐ Neither is needed

G. Examiner's Sworn Statement

I solemnly affirm under penalty of perjury that the contents of this Certificate are true and correct.

SECOND CERTIFICATE (required) — Same form, completed by second health care professional.

Part 6 — Order Appointing Counsel for ADP (Md. Rule 10-106)

ORDER APPOINTING COUNSEL FOR ALLEGED DISABLED PERSON

Pursuant to Md. Rule 10-106, an alleged disabled person has the right to be represented by an attorney in proceedings for the appointment of a guardian of the person. If the ADP is not already represented, the Court SHALL appoint an attorney.

The Court hereby APPOINTS [ATTORNEY NAME], AIS No. [______], as counsel for the Alleged Disabled Person.

Appointed counsel shall:

☐ Meet with the ADP in person within [____] days;
☐ Advise the ADP of the proceedings and the ADP's rights;
☐ Investigate the allegations of the Petition;
☐ Determine the ADP's wishes regarding the Petition;
☐ Defend the ADP's interests through cross-examination, presentation of evidence, and argument;
☐ Appear at all hearings;
☐ File pleadings as necessary.

Compensation: ☐ From the estate of the ADP ☐ Per Md. Rule 1-325 (indigent) ☐ Other: [____]

Part 7 — Less Restrictive Alternative Analysis

CERTIFICATION — LESS RESTRICTIVE ALTERNATIVES (§ 13-705(b))

To obtain guardianship of the person, the Court must find that NO LESS RESTRICTIVE FORM OF INTERVENTION is available which is consistent with the ADP's welfare and safety.

Conclusion: The least restrictive alternative consistent with the ADP's welfare is:

☐ Guardianship of the Person (plenary)
☐ Guardianship of the Property (plenary)
☐ Limited Guardianship — limited to the following powers only: [____________]

Part 8 — Bond (Md. Rule 10-704; Est. & Trusts § 13-216)

GUARDIAN OF THE PROPERTY — BOND

Pursuant to Md. Rule 10-704 and Est. & Trusts § 13-216, the Guardian of the Property shall execute a bond.

Bond Amount: $[__________]

calculated based on the value of personal property in the guardianship estate plus reasonably anticipated annual income.

☐ Bond required as set forth above.
☐ Bond reduced for the following reasons: [____________]
☐ Bond waived for the following reasons under applicable law: [____________]

Part 9 — Notice of Hearing

NOTICE OF HEARING (Md. Rule 10-205)

PLEASE TAKE NOTICE that the hearing on the Petition for Guardianship of [ADP NAME] will be held:

The ADP has the right to be present, to a jury trial (guardianship of the person), to closed proceedings on request, and to be represented by counsel. All interested persons may appear and be heard.

Part 10 — Final Order Appointing Guardian and Letters of Guardianship

ORDER APPOINTING GUARDIAN

This matter came before the Court on [__/__/____] on the Petition for Guardianship, the Certificates of Competency under Md. Rule 10-202, the report and argument of counsel for the ADP, testimony, and the entire record. The Court FINDS:

1. ☐ The Court has jurisdiction and venue is proper under Md. Rule 10-201 / 10-301.
2. ☐ Proper notice has been given under Md. Rule 10-203 and Est. & Trusts § 13-203.
3. ☐ Counsel was appointed for the ADP under Md. Rule 10-106.
4. ☐ For Guardianship of Person: By clear and convincing evidence, the ADP lacks sufficient understanding or capacity to make or communicate responsible personal decisions, and no less restrictive form of intervention is available consistent with the ADP's welfare and safety (§ 13-705).
5. ☐ For Guardianship of Property: By preponderance of the evidence, the ADP is unable to manage his/her property and affairs effectively, and has or may be entitled to property requiring management (§ 13-201(c)).
6. ☐ [PROPOSED GUARDIAN] is qualified, has appropriate priority, and is the most suitable person.

IT IS THEREFORE ORDERED:

A. [NAME] is APPOINTED Guardian of the ☐ Person ☐ Property ☐ Person and Property of [ADP NAME].

B. Guardian shall exercise the following powers under Est. & Trusts § 13-706 (person) and §§ 15-101 et seq. (property), as applicable:

☐ Determine residence
☐ Consent to medical, dental, psychiatric treatment
☐ Manage all financial affairs
☐ Receive income and benefits
☐ Pay reasonable expenses for care
☐ Enter contracts
☐ Other: [____________]

C. Rights retained by the disabled person:

☐ Right to vote
☐ Right to communicate freely
☐ Right to express preferences regarding care
☐ Other: [____________]

D. Bond is set at $[__________] [☐ or waived for stated reasons].

E. Initial Inventory shall be filed under Md. Rule 10-706 within sixty (60) days.

F. Annual Fiduciary's Account shall be filed under Md. Rule 10-708.

G. Annual Report on Disabled Person by Guardian of Person under Est. & Trusts § 13-708 due each year.

H. Letters of Guardianship shall issue.

LETTERS OF GUARDIANSHIP

STATE OF MARYLAND, [_____________] COUNTY

These Letters are issued to [GUARDIAN NAME], who is authorized to act as Guardian of the ☐ Person ☐ Property ☐ Both of [ADP NAME], with the powers set forth in the Order Appointing Guardian entered [__/__/____].

Part 11 — Initial Inventory and Annual Reporting

INITIAL INVENTORY (Md. Rule 10-706)

Within sixty (60) days of appointment, the Guardian of the Property shall file an Inventory showing all assets as of the date of appointment.

ANNUAL FIDUCIARY'S ACCOUNT (Md. Rule 10-708)

The Guardian of the Property shall file an annual account within sixty (60) days after the anniversary of appointment, including:

☐ Beginning assets
☐ All receipts (categorized)
☐ All disbursements (categorized)
☐ Ending assets and reconciliation
☐ Supporting documentation
☐ Bond verification

ANNUAL REPORT ON DISABLED PERSON (Est. & Trusts § 13-708)

The Guardian of the Person shall file an annual report on the form prescribed by the court, including:

☐ Current residence and living arrangements
☐ Medical condition and treatment
☐ Social and recreational activities
☐ Recommendation as to continuation/modification/termination
☐ Visits made by guardian
☐ Statement of whether less restrictive alternative now exists

Sources and References

• Md. Code, Estates & Trusts Article §§ 13-101 to 13-901: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get
• Maryland Rules, Title 10 (Guardians and Other Fiduciaries): https://govt.westlaw.com/mdc/Browse/Home/Maryland/MarylandCourtRules
• Md. Rule 10-201 (effective Oct. 1, 2025) — Petition for Guardianship of the Person
• Md. Rule 10-202 — Physician/Health Care Professional Certificates
• Md. Rule 10-106 — Mandatory Appointment of Counsel for ADP
• Maryland Judiciary Guardianship Forms: https://www.mdcourts.gov/family/guardianship-forms
• People's Law Library of Maryland — Adult Guardianship: https://www.peoples-law.org/adult-guardianship-process-2-trial
• Md. Office of the Register of Wills — fiduciary accountings