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Maryland Petition for Guardianship of Alleged Disabled Person Instructions

State:
Maryland
Control #:
MD-SKU-1229
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PDF
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Petition for Guardianship of Alleged Disabled Person Instructions

The Maryland Petition for Guardianship of Alleged Disabled Person Instructions are the instructions for filing a petition to appoint a guardian for a disabled person in the state of Maryland. The petition must be filed in the Circuit Court of the county where the disabled individual resides. The petition must include the disabled individual's name, address, date of birth, and other information. The petitioner must also provide information about the nature of the disability, the extent of the disability, and any medical evidence that supports the petition. There are three types of Maryland Petitions for Guardianship of Alleged Disabled Person Instructions: (1) Petition for Guardianship of an Alleged Mentally Disabled Person; (2) Petition for Guardianship of an Alleged Physically Disabled Person; and (3) Petition for Guardianship of an Alleged Developmentally Disabled Person. Each type of petition requires different documentation and evidence to be included in the filing.

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FAQ

Rule 10-109 - Transfer of Action (a) Proceedings Initiated in the Orphans' Court. Upon the petition of an interested person, the Orphans' Court may transfer a guardianship or protective proceeding for a minor to the circuit court.

Rule 10-711 - Resignation of Fiduciary and Appointment of Substituted or Successor Fiduciary (a) Commencement of Action. A fiduciary may file a petition to resign. The petition shall state the reasons for the resignation and may request the appointment of a substituted or successor fiduciary.

The Adult Public Guardianship program exists to safeguard the welfare of persons with disabilities. Public guardianship is a legal procedure in which the court determines if a person's ability to make health and safety decisions for themselves is significantly impaired by disease, accident or disability.

To obtain guardianship over a minor child, you should file a petition for guardianship in the name of the minor child. Guardianship forms and instructions can be found on the Maryland Courts website.

Rule 10-301 - Petition for Appointment of a Guardian of Property (a) Who May File. Any interested person may file a petition requesting a court to appoint a guardian of the property of a minor or an alleged disabled person.

(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.

In Maryland, guardianship determinations are made by a judge, and depending on the nature of the petition, the petitioning process can take somewhere from a few months to a year before an individual is appointed.

MD Rule 10-103(b) (1) Guardian of person- disabled means a person, other than a minor, who, because of mental disability, disease, habitual drunkenness, or addition to drugs, has been adjudged by a court to lack sufficient understanding or capacity to make or communicate responsible decisions concerning himself/herself

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Maryland Petition for Guardianship of Alleged Disabled Person Instructions