What Is Guardianship?
Guardianship is a legal process in which a Maryland court appoints a responsible individual to make decisions on behalf of someone who is unable to manage their own affairs.
There are two primary types:
Guardian of the Person
Responsible for healthcare and personal decisions.
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Guardian of the Property
Responsible for financial and asset management decisions.
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In some cases, one person serves in both roles. In others, responsibilities are divided.
Guardianship removes certain legal rights from the individual involved, so courts require clear evidence and formal procedures before granting it.
Guardianship
When Guardianship May Be Necessary
Families often seek guardianship guidance when:
- An adult may be forgetting to pay bills.
- Medical decisions may be unclear.
- A loved one may be vulnerable to financial exploitation.
- Important documents may not exist.
Guardianship is usually considered when less restrictive options are unavailable or insufficient.
If you are unsure whether guardianship is required, we can help you evaluate your options.
The Maryland Guardianship Process
Guardianship proceedings involve:
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Responsibilities of a Guardian
Serving as a guardian is a significant responsibility.
Guardians may be required to:
- Make healthcare decisions
- Manage income and expenses
- File court reports
- Maintain accurate financial records
- Act in the best interest of the individual at all times
Maryland courts maintain oversight to ensure protections remain in place.
Understanding these obligations before moving forward is essential. We help families assess whether guardianship is the appropriate path — and prepare for the responsibilities it carries.
Guardianship for Adults with Disabilities
When a child with disabilities turns 18, parents often discover that legal authority changes.
Even though the individual may still require assistance, parents no longer automatically have authority to make decisions.
In these situations, guardianship may provide a legal framework that allows continued support.
This process is deeply personal. We approach it with patience and care.
Phone:
410-988-3838
Is There an Alternative to Guardianship?
In some cases, less restrictive alternatives may be available, such as:
- Durable powers of attorney
- Advance medical directives
- Supported decision-making arrangements
- Trust structures
Whenever possible, courts and attorneys seek the least restrictive option that still protects the individual’s well-being.
We help families evaluate all available options under Maryland law before pursuing court intervention.
Guardianship
A Calm, Steady Approach
Guardianship proceedings often arise during moments of vulnerability. You may feel urgency. You may feel uncertain. You may feel emotional about the implications.
At Moss Law, we begin by listening carefully to your concerns.
- We assess whether guardianship is necessary.
- We explain the process clearly.
- We guide you step by step.
Our role is not only to file documents — but to provide steady guidance during a difficult transition.