Guardianship

What is Guardianship?

Guardianship is a legal procedure in which a Court determines that a person is in need of protection due to ...

• Severe disabilities, hospitalization, or other impairments that affect his/her ability to make decisions; or
• His/her status as a minor (under 18 years of age)

... and appoints someone else to act for that person, making decisions about the person, about his/her property, or about both.

Guardianship can be a complex legal matter. An attorney’s services guiding a family through the guardianship process can be extremely helpful.  

Types of Guardianship Cases

There are two types of guardianship: guardianship of the person and guardianship of the property. The Petition must state the kind of guardian being requested: guardian of the person, guardian of the property, or both.

Guardianship of the Person 

A guardian of the person is responsible for providing proper care (food, clothing, shelter, etc.) and making personal decisions for a disabled person or minor about important issues, such as education, finance, health care, etc. One person can serve as both guardian of the person and guardian of the property, or different people may serve in each role.

After the Court appoints a guardian of the person, the guardian has the same rights, powers and duties that a parent has toward an unemancipated minor child.

Guardianship of the Property 

A guardian of the property is responsible for appropriately managing the money and other assets of a disabled person or minor and for keeping and safeguarding his/her financial records. The guardian of the property has control over the guardianship estate, or all the property and income that the person owns or to which he/she is entitled. A guardian of the property must act as a fiduciary of the disabled person, which means he/she must act honestly and faithfully to preserve the disabled person's property and to use the assets for the benefit and welfare of the person.

More than one person or a different person(s) can be appointed as guardian of the person and/or guardian of the property. For a guardianship with more than one guardian, however, any report required by law generally needs to be signed by all co-guardians.

2025 Guardianship Docket Dates 

MD Judiciary Guardianship Page

Harford County Resources

• Harford County Office on Aging
• Harford County Department of Social Services