Disclaimer: This is not legal advice. For guidance on your specific situation, consult a qualified attorney.
Detailed Answer
If a family member loses the capacity to manage their personal or financial affairs, you may seek a guardianship (for personal decisions) or conservatorship (for financial decisions) in Maryland under the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (Estates & Trusts §13-101 et seq.).
1. Determine the Right Proceeding
Maryland combines guardianship and conservatorship into one framework. A guardian handles personal care (health, housing, education). A conservator manages assets (bank accounts, real estate). You may seek one or both roles in the Circuit Court of the county where your relative resides.
2. Prepare and File Your Petition
Download the standard petition forms from the Maryland Courts website (mdcourts.gov). Complete the Petition for Appointment of Guardian or Conservator (Estates & Trusts §13-406 et seq.).
The petition must state:
- The proposed ward’s name, address, and date of incapacity onset.
- The relationship between petitioner and proposed ward.
- The reasons the ward cannot manage personal or financial affairs.
- The scope of authority you are requesting.
3. Serve Notice on Interested Parties
Maryland law requires you to notify the proposed ward, spouse, adult children, parents, and any appointed health care agent or power of attorney. Serve notice at least 15 days before the hearing (E&T §13-407).
4. Obtain a Medical Evaluation
Within 30 days of filing, a qualified physician or psychologist must assess the proposed ward’s incapacity and submit a written report to the court (E&T §13-408).
5. Attend the Court Hearing
The judge will review the petition, medical report, and any objections. At the hearing, you may present witnesses or evidence. The proposed ward has the right to attend, speak, or have counsel.
6. Appointment and Bond
If the judge finds incapacity and that guardianship or conservatorship is necessary, the court issues Letters of Appointment. You may need to post a bond to protect the ward’s assets (E&T §13-412).
7. Inventory and Annual Accounting
Within 90 days of appointment, conservators must file an inventory of the ward’s assets. Thereafter, file annual or biennial accountings summarizing receipts, disbursements, and current balances (E&T §13-414).
8. Modifications and Termination
You may petition the court to modify or terminate the appointment if the ward’s capacity changes or the guardian/conservator is not fulfilling duties. Service and notice requirements apply as above.
Helpful Hints
- Visit the Maryland Courts Guardianship page for free forms and guides: https://www.mdcourts.gov/family/guardianship.
- Check local circuit court administrative orders for county-specific procedures.
- Gather bank statements, property deeds, and medical records before filing.
- Consider mediation if family members dispute capacity or the scope of authority.
- Keep detailed records of all expenses and decisions made on behalf of the ward.
- Seek legal counsel if objections arise or the estate is complex.