What families need to know about guardianship in Maryland: process, limits and alternatives

An attorney speaking at a Carroll County presentation described guardianship as the most restrictive legal option for adults with disabilities, explained the Maryland filing process and certificates required, and urged families to consider less restrictive alternatives first.

"Guardianship is the most restrictive," the presenter said, and walked through the two types recognized in Maryland: guardianship of the person and guardianship of the property. She emphasized guardianship creates an ongoing court relationship and removes certain rights from the individual.

What the rules require: the presenter said petitions must be filed in the county of the alleged disabled person's domicile and that the petition should allege facts demonstrating the need for guardianship with specific examples of functional limitations. Maryland requires certificates from medical professionals as part of the petition. "You need two licensed physicians or a licensed physician and one of the following: a nurse practitioner, a licensed clinical social worker, a psychiatrist, or a psychologist," she said, adding that one certificate must come from a clinician who examined the person within 21 days of filing.

Alternatives and sequencing: the presenter urged families to pursue less-restrictive options first — advanced directives, supported decision making and surrogate decision making — and use guardianship only when those alternatives are ineffective. She explained surrogate decision making has a statutory pecking order (spouse/domestic partner, adult child, parents lower in the order) and that supported decision making (effective in Maryland since 2023) preserves the individual's decision-making role while allowing trusted support.

Court procedures and obligations: the seminar covered service on interested persons (including any agency paying benefits such as SSA or Medicaid), appointment of court-appointed counsel to represent the alleged disabled person, a show-cause hearing and the clear-and-convincing-evidence standard. For uncontested petitions the presenter said hearings can be brief and that the court often appoints a county guardian when a proffer is accepted.

Limits and duties of guardians: the presenter warned that guardians do not have unlimited powers. "As a guardian, you also, cannot voluntarily, commit your disabled child to a mental health facility," she said, noting involuntary commitments require police intervention and separate court proceedings. She also stated a guardian may not perform sterilization without court authorization. Guardians must complete required orientation and training, file certificates of compliance, and submit annual reports (the presenter described the person-report as roughly eight pages addressing daily care, medical visits and medication information).

The presenter concluded by giving practical filing tips (obtain the second medical certificate early, include detailed examples in the petition) and advising families to prepare succession plans and documentation to ease annual reporting obligations.

No formal action or policy decision was taken at the seminar; the session provided guidance on existing Maryland statutes and agency practices.