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Maryland Petition for Termination of Guardianship of the Person

State:
Maryland
Control #:
MD-SKU-1253
Format:
PDF
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Description

Petition for Termination of Guardianship of the Person

The Maryland Petition for Termination of Guardianship of the Person is a legal document used to terminate the guardianship of an incapacitated person in the state of Maryland. There are two types of petitions available: voluntary and involuntary. In a voluntary petition, the guardian voluntarily requests to end the guardianship. The petition must be signed by the guardian and the incapacitated person (if they are able to do so) and must include the reasons for the termination. In an involuntary petition, the petition is filed by another party, such as a family member, in order to end the guardianship. This type of petition must include the reasons why the guardianship should be terminated, and must be signed by the petitioner, the guardian, and the incapacitated person (if able). Both types of petitions must be filed with the court in the county in which the guardianship was established. After the court reviews the petition, a hearing may be set to review the termination of the guardianship.

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FAQ

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.

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

Guardian of the Property ? A guardian of the property manages the disabled person's financial affairs and makes financial decisions that are in their best interests. Examples of financial decisions include collecting income, applying for benefits, managing property, and paying bills.

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.

(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.

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Maryland Petition for Termination of Guardianship of the Person