Annapolis Guardianship Attorney

Serving Annapolis & Anne Arundel County Since 1931

Guardianship is a formal legal arrangement in which a Maryland circuit court appoints an individual to manage the personal affairs, financial affairs, or both, of someone who can no longer manage them independently due to age, disability, or incapacity. Maryland law presumes every person has legal capacity until a court determines otherwise based on competent medical evidence, which means the petition and hearing process carries real legal weight. Families in Annapolis and across Anne Arundel County turn to this process when a loved one can no longer manage daily life safely on their own.

Common situations include aging parents losing cognitive capacity, adults with serious developmental or acquired disabilities, and children whose parents are unable to provide care. Whatever the circumstances, decisions made early in this process can shape the course of the matter significantly. Hartman - Attorneys at Law has served Maryland families through complex legal matters since 1931, and we bring that depth of institutional knowledge to every guardianship matter we handle. We offer complimentary consultations in person and virtually for families evaluating whether guardianship is the right path forward.

Contact our Maryland guardianship lawyers by calling (443) 335-9661 today.

Types of Guardianship Under Maryland Law

Maryland recognizes several distinct forms of guardianship, each designed for different circumstances. Understanding which type applies to your situation is an important first step before filing any petition.

• Guardian of the Person: The appointed guardian makes decisions about the ward’s healthcare, living arrangements, and personal welfare on a day-to-day basis.
• Guardian of the Property: The appointed guardian manages the ward’s finances and assets, subject to ongoing circuit court oversight and annual reporting.
• Guardian of the Person & Property: A single guardian may be appointed to handle both personal and financial decisions when the ward’s needs require it.
• Guardianship of a Minor: Court-appointed care for children under 18 whose parents are unable to serve in that role.
• Limited Guardianship: Applies when the ward retains some decision-making ability and requires assistance only in specific, defined areas.
• Temporary Guardianship: Addresses urgent, short-term needs when a person suddenly can’t make decisions due to an emergency or a dramatic change in circumstances.
• Standby Guardianship: Allows a parent or primary caregiver to designate a guardian in advance for a child or dependent adult in the event the caregiver becomes incapacitated or dies.

Why Annapolis Families Choose Hartman - Attorneys at Law

Guardianship petitions for Annapolis residents are filed with the Circuit Court for Anne Arundel County. Familiarity with that court’s Adoption and Guardianship Department, its procedural expectations, and how its judges approach contested matters is a concrete practical advantage. Our firm has been a fixture in the Annapolis legal community since 1931, and that longevity reflects genuine institutional familiarity with how local courts handle these proceedings.

Our attorneys are licensed to practice in Maryland, Virginia, and the District of Columbia, giving clients broader coverage when family situations cross state lines. We treat each guardianship matter as distinct rather than routine, providing personalized attention and prompt communication throughout a process that can feel overwhelming. Cases involving contested petitions, family disagreements, or complex medical evidence can benefit from counsel with established litigation experience, and that experience runs throughout our team.

The Maryland Guardianship Process

A petition for guardianship of an adult is filed in the circuit court of the county where the alleged disabled person resides. For guardianship of property, the petition may be filed where the person’s assets are located. Maryland Rules require that a medical or professional evaluation of the alleged disabled person occur within 21 days before the petition is filed. The petition must include detailed information about the petitioner, the alleged disabled person, all interested persons, and the specific factual basis for guardianship.

The process typically moves through these stages:

• Filing the Petition: The petition is filed with the circuit court along with the required medical evaluation and supporting documentation. The initial filing fee is $165.
• Providing Notice: After filing, the court issues a show cause order establishing the hearing date and the deadline by which interested persons must respond or object.
• Appointing Counsel: If the alleged disabled person doesn’t have their own attorney, the court appoints one to represent their interests throughout the proceeding.
• Medical Assessment: The court reviews the professional evaluation and any other evidence of incapacity submitted in support of or against the petition.
• The Hearing: The judge reviews evidence and testimony. If the matter is contested, a trial date may be set and a temporary guardian may be appointed in the interim.
• Formal Appointment: If the court approves, it issues an appointment order, and the guardian’s legal responsibilities begin. Guardians of the property must file an Inventory of Assets within 60 days of appointment.

The paperwork and procedural requirements in a Maryland guardianship case are substantial. Errors or omissions can delay proceedings or require refiling, extending the time before the person in need receives protection. Having a guardianship attorney manage these filings can reduce that risk.

Guardianship Responsibilities & Ongoing Court Obligations

Being appointed guardian isn’t a one-time event. Maryland courts maintain active oversight of guardianships through mandatory reporting requirements and training. Effective January 1, 2018, prospective guardians must watch an Orientation Program before appointment. After appointment, guardians of the person must complete the Maryland Judiciary Guardianship Training Program within 120 days, while guardians of the property must complete it within 60 days. All newly appointed guardians must file a Certificate of Completion with the appointing court.

Ongoing responsibilities include:

• Fiduciary Duties: Guardians must act in the ward’s best interest in all financial and personal decisions, holding a legal duty of loyalty and care.
• Annual Reports: Guardians of the person file an Annual Report of Guardian of Disabled Person with the court. Guardians of property file an Annual Fiduciary Report reviewed by the circuit court’s trust office.
• Court Authorization: Certain decisions, such as moving a ward from a private home to an assisted living facility or nursing home, require prior court authorization under Maryland Code, Estates and Trusts Article section 13-708.
• Modification and Termination: Guardianship can be modified or terminated if the ward’s condition improves, if the guardian is no longer suitable, or if circumstances significantly change. A petition with supporting evidence must be filed.
• Conflict Resolution: Disputes between family members or interested parties require careful navigation. An attorney can help guardians handle objections and competing interests without compromising the ward’s protection.

Guardians who work with legal counsel after appointment can be better positioned to identify when a decision requires court approval, meet annual filing deadlines, and respond appropriately to court inquiries.