A petition for guardianship in Maryland is filed at the circuit court in the county where the proposed ward lives, using Form CC-GN-001 for a minor or Form CC-GN-002 for a disabled adult. The standard filing fee is $165.1Maryland Courts. Circuit Court Fee Schedule After filing, you must serve all interested parties, gather the required medical certificates when guardianship of a disabled person is involved, and appear at a hearing where the judge decides whether guardianship is necessary and how much authority the guardian should have.
Pick the Right Petition Form
Maryland treats guardianship of a minor and guardianship of a disabled adult as separate proceedings with different forms:2Maryland Courts. Guardianship Forms
- CC-GN-001, for guardianship of a minor (a child under 18 who needs a legal guardian other than a parent).
- CC-GN-002, for guardianship of an alleged disabled person (an adult who cannot make responsible decisions about personal care, finances, or both because of a mental or physical condition).
Within either category, decide whether you want guardianship of the person, of the property, or both. A guardian of the person handles daily care decisions like housing, medical treatment, and social needs. A guardian of the property manages money, real estate, investments, and debts. The two roles can go to the same person or be split. The petition form has you check which type you are requesting.
The petition asks for details about the petitioner, the proposed ward’s condition and living situation, why guardianship is necessary, who you propose as guardian, and what authority you want. It also asks whether less restrictive alternatives (a power of attorney, an advance directive, a supported decision-making arrangement) could meet the person’s needs. Come prepared to answer that. Maryland law requires the court to consider whether a less restrictive option would work before granting guardianship.3Maryland General Assembly. Maryland Code Estates and Trusts 13-705
Assemble the Supporting Documents
Medical Certificates for a Disabled Adult
A CC-GN-002 petition must include signed certificates from two qualifying health care professionals who have examined the proposed ward. The acceptable combinations are either two licensed physicians, or one licensed physician paired with a licensed psychologist, a licensed certified social worker-clinical, or a nurse practitioner. At least one of these examinations must occur within 21 days before filing.3Maryland General Assembly. Maryland Code Estates and Trusts 13-705 The physician’s certificate goes on Form CC-GN-019.
This is where many petitions stall. If the proposed ward lives with someone who refuses to allow the examination, explain the situation in the petition and ask the court to order an examination. Maryland Rule 10-202 covers cases where the required certificates cannot be obtained before filing.
Financial and Personal Records
If you are asking for guardianship of property, gather financial records showing bank accounts, real estate, income sources, debts, and investments. Prepare a proposed guardianship plan describing how you intend to manage the person’s care, finances, or both.
If the proposed ward has already signed a power of attorney, health care directive, or other advance planning document, include copies. The court uses those documents to judge whether existing arrangements already cover the person’s needs. Non-family guardians may also need a background check. Submit everything before the hearing to avoid delays.
The Filing Fee
The circuit court filing fee is $165.1Maryland Courts. Circuit Court Fee Schedule If you cannot afford it, file Form CC-DC-089 (Request for Waiver of Costs) with your petition to ask the court to waive it.4Maryland Courts. Filing Fee Waivers Attorney fees for an uncontested case can add several thousand dollars if you hire a lawyer.
Choose Who Will Serve
Maryland law lets any individual, trust company, or other corporation authorized to act as a trustee be appointed as guardian.5Maryland General Assembly. Maryland Code Estates and Trusts 13-206 Courts generally favor close family (parents, spouses, adult children, siblings) because they know the person’s needs best. A close friend, professional fiduciary, or public agency can serve if no suitable family member steps forward.
The court will weigh whether the candidate can realistically handle the job. A history of financial mismanagement, criminal activity, or abuse toward the proposed ward weighs heavily against appointment. When more than one person seeks the role, the judge compares qualifications and relationships to decide.
When no private person is willing or able, Maryland’s public guardianship program is a last resort. Local departments of social services handle public guardianship for adults ages 18 to 64; the Department of Aging serves those 65 and older.6Maryland Department of Human Services. Adult Public Guardianship
Notify Every Interested Party
Maryland requires the petitioner to notify everyone with a significant interest in the proposed ward’s welfare: spouses, parents, adult children, siblings, and any other person the court names in its show cause order. The notice package must include the petition, all exhibits and certificates, and notice of the hearing date.
The proposed ward must be served by personal hand delivery. Other interested parties can be served by ordinary mail and certified mail, following Maryland Rule 10-203.7The Circuit Court for Baltimore County, Maryland. Guardianship Differentiated Case Management Plan If you cannot locate someone after reasonable efforts, you can ask the court to approve alternative service, such as publication in a local newspaper.
File proof of service before the hearing. Skipping or botching notification is one of the fastest ways to have a petition delayed or dismissed. Any interested party who disagrees can file an answer using Form CC-GN-003 (minor) or CC-GN-004 (disabled person), which can turn the case into a contested hearing.2Maryland Courts. Guardianship Forms
Prepare for the Hearing
Once the petition is filed and everyone has been served, the circuit court schedules a hearing. The petitioner has the burden of proving incapacity by clear and convincing evidence, a higher standard than most civil cases use.3Maryland General Assembly. Maryland Code Estates and Trusts 13-705 Showing that someone makes poor decisions is not enough. You have to show the person genuinely lacks the ability to make or communicate responsible decisions about personal care, finances, or both.
Medical certificates carry significant weight but are not the whole story. The court also hears testimony from family members, caregivers, financial professionals, and sometimes the proposed ward. Financial records and documented incidents of the person’s inability to manage daily affairs help build the case.
The proposed ward has the right to an attorney. Unless they already have one, the court appoints one, and the state pays if the person is indigent.3Maryland General Assembly. Maryland Code Estates and Trusts 13-705 They can attend the hearing, present evidence, call witnesses, and cross-examine your witnesses. If someone objects to the guardianship or to your candidate specifically, the hearing becomes contested; the judge may appoint a guardian ad litem or an independent investigator, and multiple court dates may be needed.
After weighing everything, the judge decides three things: whether guardianship is necessary, what scope of authority the guardian should have, and who should serve. The court is required to impose the least restrictive form that adequately protects the individual, so if the person can still handle some decisions, expect a limited guardianship rather than full authority. If the petition is granted, the order will spell out exactly what the guardian can and cannot do. For guardianship of property, the court has discretion to require a non-corporate guardian to post a surety bond; corporate guardians are exempt.
What Happens After You’re Appointed
Filing the petition is only the first stretch of the road. Once appointed, a guardian of the property must file an inventory of all the ward’s assets under oath with the court within 60 days.8Maryland Courts. Overview of Adult Guardianships in Maryland After that, annual financial accountings are required under Maryland Rule 10-708, covering income received, expenses paid, and any changes to the estate. A court trust clerk reviews each accounting and flags irregularities.
Guardians of the person have a separate annual reporting duty under Maryland Rule 10-206, covering the ward’s living situation, health, social needs, and overall well-being. Late or missing reports can lead to sanctions, removal, or criminal penalties in cases involving financial abuse or neglect.
Two authorities the guardianship order does not automatically hand you:
- Social Security and SSI benefits. The Social Security Administration requires a separate application to become the person’s representative payee. A court order or power of attorney alone is not enough.9Social Security Administration. Frequently Asked Questions for Representative Payees
- VA benefits. The Department of Veterans Affairs runs its own fiduciary program with an independent investigation, background check, and face-to-face interview. A court-appointed guardian is in the preference order for VA fiduciary appointment, but the VA decides.10eCFR. Title 38 Part 13 – Fiduciary Activities
If your ward has income requiring a federal tax return, you are responsible for filing it. The IRS requires court-appointed guardians to sign the ward’s Form 1040 and to file Form 56 (Notice Concerning Fiduciary Relationship) to establish the fiduciary relationship with the IRS.11Internal Revenue Service. Instructions for Form 1040 and 1040-SR
Alternatives the Court Will Ask About
Expect the judge to ask what less restrictive options you explored. Arriving without a good answer weakens the petition.
A durable power of attorney lets someone designate a trusted person to make financial or health care decisions, but only if the person still has enough capacity to sign it. An advance health care directive does the same for medical decisions. If either was signed before the person lost capacity, it may eliminate the need for guardianship altogether. Supported decision-making, a newer approach, keeps the individual at the center: instead of transferring authority, the person works with trusted friends, family, or professionals who help them understand their options and make their own choices.
Emergency Petitions
When someone faces immediate risk and the ordinary petition timeline is too slow (a sudden medical crisis with no one authorized to consent to treatment, active exploitation of a vulnerable adult), a Maryland court can appoint a temporary guardian on an emergency basis. Emergency guardianship is limited in duration and scope, and the court will expect the petitioner to follow up with a full petition if ongoing authority is needed.