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Guardianship in Maryland: How Families Get a Guardian for a Parent, Step by Step

When a parent can no longer decide and nothing was signed, a Maryland circuit court can appoint a guardian of the person, a guardian of the property, or both. Here is how it works under Estates and Trusts Title 13.

By naveen · Updated October 13, 2026 · How we research our guides

Guardianship is the court process a family turns to when a parent can no longer make their own decisions and there's no power of attorney or advance directive in place. In Maryland, a circuit court appoints the guardian and supervises them for as long as the guardianship lasts. If your parent can still sign, a Maryland power of attorney and a Maryland advance directive are the alternatives to look at first. The statute also covers minors; this guide is about adults.

What is guardianship in Maryland?

It's a circuit court case in which a judge appoints someone to make personal decisions, financial decisions, or both, for an adult the court finds disabled. Under § 13-105, "the circuit courts have exclusive jurisdiction over protective proceedings for disabled persons." Maryland splits the job in two:

One person can hold both roles. For how other states use words like conservator, see our guide to conservatorship and guardianship.

When does a parent need one, and what are the alternatives?

A parent needs a Maryland guardian only when a court finds they can't manage and nothing less restrictive will work. For a guardian of the person, § 13-705(b) requires clear and convincing evidence that your parent "lacks sufficient understanding or capacity to make or communicate responsible personal decisions, including provisions for health care, food, clothing, or shelter," because of a mental disability, disease, habitual drunkenness or drug addiction, and that "No less restrictive form of intervention is available that is consistent with the person's welfare and safety."

A guardian of the property is appointed if your parent "is unable to manage effectively the person's property and affairs" for a listed reason, such as physical or mental disability or disease, and "has or may be entitled to property or benefits which require proper management" (§ 13-201).

The Judiciary says the alternatives "must be explored and exhausted before the court will appoint a guardian for an adult" (Maryland Courts), and the petition asks for "less restrictive alternatives that have been attempted and have failed." The court's petition instructions list examples, including in-home services, advance directives, supported decision-making, a representative payee, a power of attorney, and court authorization of specific transactions.

That last one is in § 13-204, and since October 1, 2026 it covers "GRANTING ACCESS TO FINANCIAL RECORDS" and "ESTABLISHING ELIGIBILITY FOR GOVERNMENT ASSISTANCE PROGRAMS" without a guardian (2026 Md. Laws ch. 433).

Maryland's supported decision-making law, in which chosen supporters help your parent make their own decisions, aims at "Preventing the need for the appointment of a substitute decision maker for the adult, including a guardian of the person or property" (§ 18-102). For health care, Maryland's surrogate law already lets a spouse or domestic partner, an adult child, a parent or an adult sibling decide, in that order, when there's no agent (Health - General § 5-605).

Who can be the guardian?

The court picks a guardian of the person from a priority list in § 13-707, and your parent's own written choice comes first. The order:

1. A person your parent nominated in writing at 16 or older, if they "had sufficient mental capacity to make an intelligent choice" then.
2. Your parent's health care agent under a Maryland advance directive.
3. Your parent's spouse, then parents, then a person named in a deceased parent's will.
4. Your parent's children, then other adults who would be their heirs.
5. A person nominated by whoever is caring for your parent, then anyone else the court considers appropriate.
6. As a last step, a public guardian: the local department of social services for adults under 65, or the Secretary of Aging or the area agency on aging director for adults 65 and older.

Relatives with priority can waive and nominate someone else in writing, and "For good cause, the court may pass over a person with priority." A guardian of the property has a similar list in § 13-207, and public agencies can't serve in that role. Maryland's statutory financial power of attorney form lets your parent nominate a guardian in advance (§ 17-202).

Unless good cause is shown, § 11-114 bars people convicted of a felony or a crime of violence from serving as guardian of the person, and people convicted of crimes such as "fraud, extortion, embezzlement, forgery, perjury, and theft" from serving as guardian of the property.

How do you get guardianship of a parent in Maryland?

You file a petition with two professional certificates in the circuit court where your parent lives, serve everyone, and attend a hearing. Only interested persons can file, according to the court's instructions. The steps:

1. Get two certificates. You need certificates from two licensed physicians, or from one physician plus a licensed psychologist, licensed certified social worker-clinical, nurse practitioner or, since October 1, 2026, a licensed physician assistant (2026 Md. Laws ch. 222). At least one exam must take place "within 21 days before filing a petition" (§ 13-705).
2. Watch the orientation. "Prospective guardians must watch a video Orientation Program before they are appointed" (Maryland Courts).
3. File the petition. Form CC-GN-002 covers the person, the property or both. Attach any guardian nomination, power of attorney or supported decision-making agreement.
4. The show cause order. The court sets deadlines for service and for objections.
5. A lawyer for your parent. Unless your parent has a lawyer of their own choosing, "the court shall appoint an attorney to represent the person in the proceeding," and "If the person is indigent, the State shall pay a reasonable attorney's fee" (§ 13-705). The sections we read don't provide for a court visitor or investigator.
6. Serve everyone. Your parent, their lawyer and all interested persons get the petition and order, and your parent gets an Advice of Rights warning that they "WILL LOSE CERTAIN VALUABLE RIGHTS," possibly including decisions about "WHERE YOU LIVE, HOW YOU LIVE, AND WHAT MEDICAL CARE YOU RECEIVE."
7. The hearing. Your parent may attend, present evidence and cross-examine witnesses. For a guardian of the person, "It will be a jury trial unless you give up the right to a jury trial," and your parent can ask for a closed hearing; property cases have no jury (§ 13-211). Hearings are "confidential and sealed" unless a court orders otherwise.
8. The order. The Judiciary's video transcript explains: "If everyone agrees, the judge will appoint a guardian at the hearing." If not, the case may go to trial, and "The judge may also appoint a temporary guardian until the trial date."

For property petitions filed on or after October 1, 2026, chapter 538 lets a party ask for a stay of eviction, foreclosure and certain other actions against your parent, for up to 90 days after the petition is filed unless the court extends it for good cause.

What about an emergency?

Maryland handles emergencies with a court order for emergency protective services under § 13-709, which names a temporary guardian of the person. An interested person petitions, and the court must find by clear and convincing evidence that your parent lacks capacity, that an emergency (a substantial risk of death or serious harm) exists, and that no one with legal authority is available to consent.

The limits:

• Scope. The order covers only the services needed to remove the emergency. Hospitalization or a change of residence needs the court's specific approval.
• Time. An initial order lasts "not more than 144 hours." Extending it requires a full guardianship petition, which must be heard "no more than 60 days after the filing of the petition."
• Rights. Notice goes out at least 24 hours ahead unless the court waives it. Your parent "has the right to counsel whether or not the person is present at the hearing," and anyone involved can ask the court to set the order aside "at any time."

What does a guardian have to do?

A Maryland guardian has only the powers the court grants and reports to the court every year. The court "may grant to a guardian of a person only those powers necessary to provide for the demonstrated need of the disabled person," and can limit a guardianship to health care decisions or to a set period (§ 13-708).

Those deadlines come from the Judiciary's training page and its guardianship forms. After each annual report, the court renews the appointment if the original grounds still exist; if it doubts that, the guardian must prove them at a hearing.

A guardian of the person must also "foster and preserve family relationships" when that's in your parent's best interest.

Some decisions need the court first:

• Moving your parent. A guardian needs "court authorization for any change in the classification of abode," such as a move from home into a nursing home or assisted living.
• Life-threatening treatment. Where a medical procedure would involve a substantial risk to your parent's life, the court must authorize the guardian's consent, or a decision to withhold or withdraw it.
• Paying family. A guardian of the person can't take your parent's money for room and board that the guardian or close family provides without a court order.

An existing financial power of attorney doesn't vanish: the agent "shall account to the guardian rather than the principal," and the guardian can revoke or limit it (§ 17-105). If you suspect exploitation, see protecting a parent from scams.

What rights does your parent keep, and how does it end?

Your parent keeps every civil right the court doesn't take away. Under § 13-706, appointing a guardian of the person "Is not evidence of incompetency of the disabled person" and "Does not modify any civil right of the disabled person unless the court orders." A guardian can't block your parent from making a supported decision-making agreement without good cause, and the court can limit or end a guardianship because one exists (§ 18-104).

A guardianship can end in several ways:

• Annual review. If the court can't make the required findings after a hearing, it must "order the discontinuance of the guardianship of the person."
• Petition to terminate. The termination petition (CC-GN-028) is filed "within 45 days after discovery of the grounds for termination." If the disability has ended, a physician's certificate is required. "The guardianship does not end until the court issues an order terminating the guardianship."
• Property. Your parent, the guardian "or any other interested person may petition the court to terminate the guardianship proceedings" (§ 13-221), which end when the disability ceases, on death, or for other good cause.

How much does it cost?

Maryland's circuit court fee schedule sets a $165 filing fee for docketing a civil action or proceeding (Circuit Court Fee Schedule). The schedule, effective September 2, 2026, lists no separate guardianship fee. For a guardianship of the property, it lists a $10 fee for each annual account plus a review fee of $10 to $30 by account size (fee schedule). You can ask the court to waive prepaid costs with form CC-DC-089.

The court can require a deposit toward your parent's lawyer and can order the petitioner's reasonable attorney's fees paid from your parent's estate if the petition was substantially justified (§ 13-704). It can help to know what an elder law attorney does before you file.

Coming January 1, 2027: a new capacity certificate

The Judiciary's new combined capacity certificate, CC-GN-019, "must be used to document examinations or evaluations conducted on or after January 1, 2027", according to the forms page; older certificate forms may be accepted for exams through December 31, 2026.

Frequently asked questions

Who decides if my parent is incapacitated in Maryland?

A circuit court judge or jury decides, not a doctor. The petition must include certificates from two licensed professionals who examined or evaluated your parent, one within 21 days before filing. At the hearing, the court decides whether clear and convincing evidence shows your parent can't make responsible personal decisions and that nothing less restrictive will work.

Does my parent get a lawyer in a Maryland guardianship case?

Yes. Unless your parent has chosen their own lawyer, the court must appoint one, and the State pays a reasonable fee if your parent is indigent. Your parent can attend the hearing, present evidence, cross-examine witnesses, ask for a closed hearing and, in a guardianship of the person, have a jury trial unless they give it up.

Does a power of attorney avoid guardianship in Maryland?

It can. The court must find that no less restrictive alternative is available, and the court's own instructions list powers of attorney, advance directives and supported decision-making as alternatives. A health care agent also ranks second on the priority list for guardian of the person. Your parent must still be able to sign the document.

Can a guardian move my parent into a nursing home in Maryland?

Not without the court. A guardian of the person can decide where your parent lives, but Estates and Trusts § 13-708 requires court authorization for any change in the classification of abode, such as a move from home into a nursing home or assisted living. An emergency order needs the court's specific approval for a change of residence.

How much does it cost to file for guardianship in Maryland?

The statewide circuit court fee schedule sets a $165 filing fee for a civil proceeding and lists no separate guardianship fee (fee schedule). You can ask the court to waive prepaid costs with form CC-DC-089. Professional certificates, attorney's fees and, for property guardianships, annual account fees are separate costs.

Getting started

Guardianship is the route that's left when nothing was signed in time. If your parent can still make decisions, a durable power of attorney and an advance directive let them choose who acts for them. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.

Build your plan

Sources

• Md. Code, Estates and Trusts § 13-705, Guardian of the person: the standard, certificates, counsel and hearing.
• Md. Code, Estates and Trusts § 13-707, Priorities for guardian of the person: who may serve and in what order.
• Md. Code, Estates and Trusts § 13-708, Powers and duties of guardian of the person: powers, moves, medical decisions and reports.
• Md. Code, Estates and Trusts § 13-709, Emergency protective services: emergency orders and temporary guardians.
• 2026 Md. Laws ch. 222 (SB 326): adds physician assistants to the certificate list, effective October 1, 2026.
• Maryland Courts, Petition for Guardianship of Alleged Disabled Person (CC-GN-002): the petition.
• Maryland Courts, Petition instructions (CC-GNIN-002): steps, venue, alternatives and disqualifications.
• Maryland Courts, Guardianship forms: every guardianship form, including the reports.
• Maryland Courts, Circuit Court Fee Schedule: filing and account fees effective September 2, 2026.
• Maryland Department of Aging, Public Guardianship: the public guardian program for adults 65 and older.

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