The rules pertaining to Maryland guardianship are found in the Annotated Code of Maryland, Estates and Trusts Article Titles 13 and 15 and Maryland Rules, Title 10.
Maryland Rule 10-201 and 10-301 advises that an interested person may file a Petition for Guardianship.
The difference between guardianship of person/property of an alleged disabled person
MD Rule 10-103(b) (1) Guardian of person- disabled means a person, other than a minor, who, because of mental disability, disease, habitual drunkenness, or addition to drugs, has been adjudged by a court to lack sufficient understanding or capacity to make or communicate responsible decisions concerning himself/herself, such as provisions for health care, food, clothing, or shelter and who as a result of this inability, requires a guardian of the person.
MD Rule 10-103(b) (2) Guardian of property- disabled means a person, other than minor, who has been adjudged by a court to be unable to manage his or her property and affairs effectively because of physical or mental disability, disease, habitual drunkenness, addiction to drugs, imprisonment, compulsory hospitalization, confinement, detention be a foreign power or disappearance and who has or may be entitled to property or benefits that require proper management and who as a result of this inability, requires a guardian of the property.
MD Rule 10-103(g) Guardian of person of minor-Minor means an individual who is under the age of eighteen.
- Petition for Guardianship of a Minor
- Parent’s Consent to Guardianship of Minor
- Petition for Guardianship of Alleged Disabled Person
After an Interested Person has filed a Petition for Guardianship the file will be transferred to the Guardianship Judge and the Guardianship Judge will review the file to see if all the pertinent information is contained in the Petition as well as any exhibits. If everything is in order the Judge will then issue a Show Cause Order. The Show Cause Order will state when the interested persons will need to be served by as well as the Guardianship Hearing date.
The Court may issue an order appointing a Guardian of the person, property, or both.
Report Filing Requirements for a Guardian of the Person of a
Disabled Person or a Minor
Annual Report of the Person Requirement
A guardian of the person of the disabled person or a minor is required to file an annual report of the person with the Trust Office of the Circuit Court for Howard County each year within 60 days after the anniversary date of being appointed guardian. The report includes information about living arrangements, physical and mental condition, and plans for future care of the disabled person or a minor. Our office will send out a blank Annual Report of the Person form to the Guardian(s) to be filed with our office after completion. However, if you do not receive the report in the mail the Guardian is still responsible to file the report on a yearly basis pursuant to the Maryland Rules.
Once our office receives the completed Annual Report of the Person, the court will review the report and either enter an Order accepting the report and continuing the guardianship for another year or take other appropriate action, if noted in the annual report of the person.
Report Filing Requirements for a Guardian of the Property of a Disabled Person or a Minor
A guardian of the property of a disabled person or a minor is required to file an initial inventory report and annual fiduciary accounting reports.
Initial Inventory Report:
Guardians of the property of a disabled person or a minor are required to file a completed Inventory and Information Report within 60 days of the date of appointment of becoming the Guardian of the property.
Our office will send the Guardian(s) a blank inventory and information report to be filed with our office after completion.
See link to Instructions for Filing the Inventory Report: http://mdcourts.gov/circuit/howard/pdfs/guardianshipcompletinginventoryinstructions.pdf
See link to the Initial Inventory of Assets: http://mdcourts.gov/family/forms/ccgn011.pdf
Annual Reporting, Supporting Documents, and Filing Fee Requirements:
Guardians of the property of a disabled person or a minor are also required to file an Annual Fiduciary Report within 60 days after the end of each anniversary year of their guardianship order.
Our office will send a notification letter along with a blank Annual Fiduciary Report form to the guardian reminding him/her of the reporting requirement. However, if you do not receive the report in the mail the Guardian is still responsible to file the report on a yearly basis pursuant to the Maryland Rules.
Supporting documents are required to be submitted along with the Annual Fiduciary Report (See Instructions for the Annual Fiduciary Report).
A filing fee is due at the time the Annual Fiduciary Report is filed with the court. Payment may be made from the fiduciary estate by check payable to the “Clerk of the Court.” The filing fee is based on the total value of the assets at the end of the reporting period.
Annual Fiduciary Report Filing Fee
|Total Assets at the end of the Report Period||Filing Fee|
|$0 to $10,000||$20.00|
|$10,000 to $25,000||$30.00|