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Maryland Petition for Termination of Guardianship of the Person

State:
Maryland
Control #:
MD-SKU-0297
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PDF
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Description

Petition for Termination of Guardianship of the Person

Maryland Petition for Termination of Guardianship of the Person is a legal document filed in the circuit court of Maryland by a person who wishes to end a guardianship of another person. It is used when a guardian is no longer needed or the circumstances have changed so that the guardian is no longer legally required. The petitioner must provide detailed information about the person who needs to have their guardianship terminated, including their name, address, and date of birth. The petitioner must also provide detailed information about the current guardian, including name, address, and date of appointment. There are three types of Maryland Petition for Termination of Guardianship of the Person: 1. Guardian of the Person: This type of petition is used when the petitioner wishes to end the guardianship over the person's physical and mental care. 2. Guardian of Property: This type of petition is used when the petitioner wishes to end the guardianship over the person's financial assets. 3. Guardian of Estate: This type of petition is used when the petitioner wishes to end the guardianship over the person's estate, including any real estate, trusts, or other assets. The petitioner must also provide the court with information on why the guardianship should be terminated, and must present evidence that supports the termination. After the petition is filed, a hearing will be held to determine whether the guardianship should be terminated.

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FAQ

(Md. Rule 10-111) INSTRUCTIONS 1. Use this form of petition when a guardianship of a minor is sought, even if the minor also is disabled. 2. If the subject of the petition is not a minor, use the form petition set forth in Rule 10-112.

?There are two types of guardianship appointments: A guardian of the person is authorized by the court to make decisions for the disabled person about their health care, shelter, and any other daily needs. A guardian of property is a person or agency appointed by the court to manage the property of a disabled person.

Guardianship is a legal procedure by which a court seeks ?to protect those who, because of illness or other disability, are unable to care for themselves.?1 The statute uses the term ?disabled person? to refer to an adult who has been judged by a court ?to be unable to manage his property,? and therefore needs a

This includes providing for everyday needs, such as food, clothing, housing, health (e.g., consent to medical care and medical decisions), and social decisions (e.g., fostering and preserving family relationships). This can also include arranging for services and care for the disabled person (e.g., home health aide).

A guardianship is usually indefinite, though the ward may petition the court at any point to end the guardianship if they feel the situation is no longer necessary. A temporary guardianship, meanwhile, typically ends after a set date.

Just as with guardian of the person, you must file a petition with the court to terminate the guardianship if the ward dies or has recovered from the disability that required the guardianship. If the ward dies, you must also file with the court the ward's death certificate and a final accounting of the ward's assets.

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Maryland Petition for Termination of Guardianship of the Person