This guide provides an overview of various types of guardianships and the surrounding issues. Topics covered include how to become a guardian, powers and duties of a guardian, compensation and liability of a guardian, and much more.
Maryland USLegal Guide to Guardianship
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US-GDE-08
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FAQ
Guardianship is a legal process where the court appoints a person to manage a minor's personal affairs (non-financial decisions), financial affairs, or both. The court can appoint one person to manage the minor's personal affairs and another person to manage the minor's financial affairs.
For a minors without a disability, the guardianship ends when the minor turns 18, becomes emancipated, or dies. For minors with a disability who turn 18, you or another interested person can file for guardianship of an alleged disabled person.
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.
There are two types of custody in Maryland: legal custody and physical custody. The parties can jointly hold legal custody, or one party may be given sole legal custody of the child.
(b) A guardian shall be appointed if the court determines that: (1) A minor owns or is entitled to property that requires management or protection; or (2) Funds are needed for the minor's support, care, welfare, and education and protection is necessary or desirable to obtain or provide funds.
To become a guardian of a minor in Maryland, an individual has to petition the court; that requires notification of all interested parties of a child that they are petitioning the court. Typically, the court then allows a period for other individuals to object to the appointment.
Section 13-201 - Appointment of guardian (a) On petition, and after any notice or hearing prescribed by law or the Maryland Rules, the court may appoint a guardian of the property of a minor or a disabled person.
Terms of a custody agreement can also define other aspects of care, such as medical and education expenses and other financial obligations as well as shared living arrangements. Legal guardianship is what a court may grant someone other than a biological parent. It would give an adult the right to care for a minor.