Maryland Sample Letter regarding Petition to Appoint Guardian and Issue Letters of Guardianship
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FAQ
Begin the guardianship process by filing a petition asking the court to appoint a guardian for the person in need. You can download the petition form ? look for form CC-GN-002 -- from the Maryland Court's website at .mdcourts.gov.
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.
Alternatives to guardianship include: Advance directives. Surrogate decision-making. Assistance with personal needs.
The guardian can make decisions that are based on either the wishes of the ward or a previous pattern of decision making during the ward's prior time of capacity. However, the guardian will make these decisions based on what's in the best interest of the ward generally.
(1) In connection with a guardianship of the person, "disabled person means a person, other than a minor, who, because of mental disability, disease, habitual drunkenness, or addiction to drugs, has been adjudged by a court to lack sufficient understanding or capacity to make or communicate responsible decisions ...
10-112 (Petition for Guardianship of Alleged Disabled Person). Factors to consider when determining whether to appoint a guardian who has been convicted of a disqualifying offense under Md. Code, Estates and Trusts Article § 11-114.
Legal guardianship can be obtained through Family court or if the child is in foster care, guardianship is obtained in Juvenile court. The guardianship assistance program (GAP) is only available to relative caregivers who have assumed guardianship to a child committed to state or in foster care.
Maryland Rule 10-201 and 10-301 advises that an interested person may file a Petition for Guardianship.
