Guardianship Petition

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Maryland requires the use of official court forms for guardianship petitions: CC-GN-001 (Petition
for Guardianship of Minor) or CC-GN-002 (Petition for Guardianship of Alleged Disabled Person).
This template provides the substantive legal content to help you prepare — but you must
transfer your content to the official form before filing. The official forms are available at
https://www.courts.state.md.us/family/guardianship-forms. Do not file this document directly with the court.

IN THE [ORPHANS’ / CIRCUIT] COURT FOR [COUNTY], MARYLAND

Sitting as a Probate Court

Case No.: _____________________

PETITION FOR APPOINTMENT OF
GUARDIAN OF THE [PERSON] [AND/OR PROPERTY]
OF [WARD FULL NAME]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Jurisdiction and Venue
4. Parties and Standing
5. Allegations of Incapacity / Minority
6. Guardianship Standards Satisfied
7. Bond and Liability Allocation
8. Reporting & Compliance Obligations
9. Indemnification; Fiduciary Duties
10. Requested Relief
11. Miscellaneous Provisions
12. Verification & Signature Block
13. Notary Acknowledgment
14. Proposed Order (Exhibit A)

1. DOCUMENT HEADER

Effective Date: [DATE OF FILING]
Governing Law: Maryland Estates & Trusts Article; Md. Rules, Title 10 (“state_guardianship_law”)
Forum Selection: This Probate Court (“state_probate_court”)
Arbitration: Not Available
Jury: Jury trial not available in probate matters (“no_jury_probate_court”)
Injunctive Relief Preserved: Court-issued protective orders remain available
Bond Requirements: See Section 7

2. DEFINITIONS

For purposes of this Petition, capitalized terms have the meanings set forth below.

“Accountings” – The annual fiduciary reports required under Md. Rule 10-706 (property) and Md. Rule 10-707 (person).
“Bond” – The fiduciary bond mandated by Md. Code Ann., Est. & Tr. § 13-208 and set by the Court.
“Court” – The [Orphans’ / Circuit] Court for [County], Maryland.
“Guardian” – The individual(s) or entity for whom appointment is sought herein.
“Guardianship Estate” – Collectively, the Ward’s person and/or property subject to this proceeding.
“Petitioner” – The undersigned party filing this Petition.
“Ward” – [WARD FULL NAME], the alleged minor or disabled person whose interests are at issue.

3. JURISDICTION AND VENUE

3.1 Statutory Authority.
This Petition is filed pursuant to:
a. Md. Code Ann., Est. & Tr. § 13-702 (minor) or § 13-705 (disabled adult); and
b. Maryland Rules 10-101 et seq.

3.2 Venue.
The Ward is domiciled or currently resides in [COUNTY], Maryland, and thus venue is proper under Md. Rule 10-201.

4. PARTIES AND STANDING

4.1 Petitioner.
Name: [FULL LEGAL NAME]
Relationship to Ward: [RELATIONSHIP]
Address: [MAILING ADDRESS]
Phone / Email: [CONTACT INFORMATION]
Interest: Petitioner is an interested person under Md. Code Ann., Est. & Tr. § 13-101(k) and is therefore entitled to seek guardianship.

4.2 Proposed Guardian(s).
[Insert identical data fields for each proposed Guardian. Include corporate authority resolution if entity.]

4.3 Ward.
Name: [WARD FULL NAME]
Date of Birth: [MM/DD/YYYY]
Residence: [ADDRESS OR FACILITY]

5. ALLEGATIONS OF INCAPACITY / MINORITY

5.1 Age or Disability.
a. Minor: The Ward is ___ years old and, under Md. Code Ann., Est. & Tr. § 13-702, is legally incapable of managing his or her affairs.
b. Disabled Adult: The Ward suffers from [MEDICAL CONDITION] rendering the Ward incapable of making or communicating responsible decisions concerning [personal care / property] as attested in the Physician’s Certificate attached hereto as Exhibit B.

5.2 Less Restrictive Alternatives Considered.
Petitioner has explored alternatives such as powers of attorney, representative payee arrangements, and supported decision-making; however, none are feasible to protect the Ward’s best interests.

5.3 Best Interests.
Appointment of the proposed Guardian is consistent with the Ward’s welfare and the least restrictive means of providing necessary assistance.

6. GUARDIANSHIP STANDARDS SATISFIED

6.1 Statutory Findings Requested.
Petitioner respectfully requests that the Court find:
a. The Ward meets the definition of a “disabled person” or “minor” under the applicable statute;
b. No less restrictive alternative will suffice;
c. The proposed Guardian is fit, suitable, and willing to serve; and
d. The appointment serves the Ward’s best interests.

6.2 Scope Requested.
a. Guardian of the Person: Authority over medical, residential, and personal decisions, subject to Court oversight.
b. Guardian of the Property: Authority limited to assets identified in the Inventory (Exhibit C) and subject to statutory investment standards (Md. Code Ann., Est. & Tr. § 15-106).

7. BOND AND LIABILITY ALLOCATION

7.1 Bond Amount.
Petitioner requests that the Court set Bond at $[AMOUNT] in accordance with Md. Code Ann., Est. & Tr. § 13-208, conditioned upon faithful discharge of fiduciary duties.

7.2 Liability Cap.
The Guardian’s personal liability to the Ward and interested persons shall be limited to the penal sum of the Bond, except for acts involving gross negligence, willful misconduct, or breach of fiduciary duty.

8. REPORTING & COMPLIANCE OBLIGATIONS

8.1 Initial Inventory.
Within 60 days of appointment, the Guardian of the Property shall file an Inventory of all assets per Md. Rule 10-706(a).

8.2 Annual Accountings / Reports.
a. Property: Annual fiduciary account, verified and served on interested persons (Md. Rule 10-706(b)).
b. Person: Annual report on the Ward’s condition and living arrangements (Md. Rule 10-707).

8.3 Records Maintenance.
Guardian must maintain contemporaneous records for not less than five (5) years after termination of the guardianship.

9. INDEMNIFICATION; FIDUCIARY DUTIES

9.1 Standard of Care.
Guardian shall act as a prudent person dealing with the property of another, consistent with Md. Code Ann., Est. & Tr. § 15-106.

9.2 Indemnification.
Guardian shall indemnify and hold harmless the Ward’s estate for losses proximately caused by Guardian’s breach of fiduciary duty, up to the amount of the Bond.

10. REQUESTED RELIEF

Petitioner respectfully requests that this Court:

1. Schedule a hearing and issue the notices required by Md. Rule 10-203;
2. Appoint [PROPOSED GUARDIAN NAME] as Guardian of the [Person] [and/or Property] of [WARD NAME];
3. Set Bond in the amount of $[AMOUNT] and approve the form filed contemporaneously;
4. Grant authority and impose duties as delineated in Sections 6 through 9 above;
5. Issue any protective orders necessary to safeguard the Ward pending hearing; and
6. Award such other and further relief as justice may require.

11. MISCELLANEOUS PROVISIONS

11.1 Amendments.
Petitioner reserves the right to amend this Petition to correct or supplement information as permitted by the Maryland Rules.

11.2 Severability.
If any portion of this Petition is deemed unenforceable, the remainder shall be given full force and effect.

12. VERIFICATION & SIGNATURE BLOCK

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

Date: ____________ ______________________________________
[PETITIONER NAME], Petitioner

13. NOTARY ACKNOWLEDGMENT

State of Maryland
County of __________________

Subscribed and sworn before me on ____________, 20__, by ________________________________.

___________________________________
Notary Public
My commission expires: _____________

14. PROPOSED ORDER (EXHIBIT A)

[Attach a one-page Proposed Order tracking the relief requested. Use the Court’s standard form when available.]