How Maryland Courts Treat Guardianship of the Person Versus Guardianship of the Estate
Detailed Answer
Short answer: No. In Maryland, being appointed guardian of the person does not automatically make you guardian of the estate (property). The court makes separate determinations about care (the person) and management of assets (the estate or property). A single person can be appointed to both roles, but the court must explicitly appoint you to each role or grant you the combined authority in the guardianship order.
How it works in practice:
- The probate court evaluates the needs of the alleged incapacitated person and the best means to protect both their personal well-being and their property.
- The court can appoint a guardian of the person (authority over personal care, medical decisions, living arrangements) and/or a guardian of the estate (authority to manage money, pay bills, collect benefits, sell property). These are distinct offices with different duties and powers.
- If you are appointed only as guardian of the person, you do not have legal authority to make or sign financial decisions on behalf of the ward unless you also obtain a separate appointment (or other legal authority such as a power of attorney that was valid before incapacity).
- When the court believes one person is suited to handle both roles and that combining them serves the ward’s best interests, the court may appoint the same person to both offices and include the combined powers in the order.
Where to read official Maryland guidance: the Maryland Courts website summarizes the guardianship process, the differences between person and estate guardianship, and the forms you will need. See Maryland Courts — Probate: Guardianship: https://www.mdcourts.gov/probate/guardianship.
Typical estate-guardian responsibilities in Maryland include collecting income, paying bills and taxes, protecting real and personal property, filing inventories and regular accountings with the court, and following any bond or reporting requirements the court imposes.
Practical implications:
- If you expect to handle both care and finances, ask the petitioner to request both appointments or file a motion to expand your appointment, so the court can consider a single combined appointment.
- If only appointed as guardian of the person, do not sign financial documents, sell assets, or access bank accounts on the ward’s behalf; doing so risks legal liability for misuse of funds.
- Alternatives to a guardianship of the estate include a valid durable power of attorney executed before incapacity, or public benefits representative payee arrangements for benefit payments.
If you want the exact statutory framework or procedural rules, the probate division of the Maryland Judiciary provides forms and instructions and the court clerk can explain local practice.
Disclaimer: This article provides general information about Maryland guardianship practice and is not legal advice. For advice about a specific situation or to confirm court requirements, consult a licensed Maryland attorney or contact the probate clerk in the circuit court where the ward resides.
Helpful Hints
- Before acting on behalf of a ward, confirm your exact appointment in the court’s letters of guardianship. The order spells out what you may and may not do.
- If you need authority over money, request a guardian-of-estate appointment at the start of the case; the court prefers to decide both roles together when practical.
- Bring documentation to court: proposed ward’s medical records, proof of assets, a list of potential guardians, and any existing advance directives or powers of attorney.
- Expect to post a bond for estate duties if the court requires it. The court can require bonds to protect the ward’s assets.
- Keep detailed records and receipts. Guardians managing property usually must file inventories and periodic accountings with the court.
- Explore alternatives to guardianship when appropriate: a durable power of attorney (signed before incapacity), representative payee for Social Security, joint ownership, or trusts can avoid or limit estate guardianship.
- Use Maryland Courts resources and forms for guardianship procedures: https://www.mdcourts.gov/probate/guardianship and the probate forms page at https://www.mdcourts.gov/probate/forms.
- When in doubt, seek a Maryland attorney experienced in guardianship or contact the court clerk for procedural help.