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How do I petition for guardianship or conservatorship in Maryland?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

1. Terminology. Maryland uses 'guardian of the person' and 'guardian of the property' for both minors and 'disabled persons'; 'conservator' is not a separate Maryland title.

2. Adult Guardianship of the Person. Under Md. Code, Est. & Trusts § 13-705, a guardian is appointed for a 'disabled person' — an adult who has been adjudged to lack sufficient understanding or capacity to make or communicate responsible personal decisions, including provisions for health care, food, clothing, or shelter, because of mental disability, disease, habitual drunkenness, or addiction to drugs.

3. Adult Guardianship of the Property. Under § 13-201, a guardian of the property is appointed for a minor or for a disabled person unable to manage property and affairs effectively.

4. Minor Guardianship. Available under §§ 13-201 and 13-701 when parents are deceased or guardianship is otherwise needed.

5. Petition. File in the circuit court of the county where the alleged disabled person resides (Md. Rule 10-201). Personal service on the disabled person at least 20 days before hearing; notice to interested persons including spouse, parents, adult children.

6. Court Investigator / GAL. An attorney must be appointed for the alleged disabled person (Md. Rule 10-106); a court visitor may also be designated.

7. Capacity Evaluation. Certificates from two physicians, or one physician and one licensed psychologist or licensed social worker, who examined the alleged disabled person within 21 days of filing are required (Est. & Trusts § 13-705); clear and convincing evidence standard.

8. Hearing & Order. Alleged disabled person has rights to attend, counsel, present evidence, and a jury trial. Court must impose the least restrictive form of intervention.

9. Powers & Duties. Bond required for guardian of property (§ 13-208); inventory within 60 days; annual fiduciary report and account; court approval for sale of real property and major medical decisions.

10. Alternatives. Durable POA (Est. & Trusts § 17-101 et seq.), advance directive (Health-Gen. § 5-601), and supported decision-making (Md. Code Ann., Est. & Trusts § 13-1101 et seq., effective 2022).

11. Termination & UAGPPJA. Restoration to capacity (§ 13-221), death, or minor reaching 18. Maryland adopted UAGPPJA at Est. & Trusts § 13-1001 et seq.

This is legal information, not legal advice.

When to Talk to a Lawyer
  • Supported decision-making agreements under Est. & Trusts § 13-1101 (2022)
  • Contested adult guardianship requiring two professional certificates
  • Sale of real property by guardian of property under court oversight
Related Statutes & Laws
  • Md. Code Est. & Trusts § 13-101 et seq.
  • Md. Code Est. & Trusts § 13-705
  • Md. Code Est. & Trusts § 13-1101

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.