How is a guardian appointed?

Q. How is a guardian appointed?

A. A petition must be filed with the Circuit Court in the county where the alleged disabled person resides, is hospitalized or is located. The petition should state all reasons for the appointment of a guardian and whether the request is for guardianship of the ward’s person, property or both.

The petition should provide the petitioner’s name, address and telephone number, date of birth and relationship to the ward. It must include the ward’s name, address, gender, age, the name and address of the person with whom the ward resides and an alternate address for service of process if the ward resides with the petitioner. If a guardianship over property is sought, the petition should include a description of the ward’s assets.

Also accompanying the petition must be: for a disabled ward, verified certificates from  two physicians, describing the physical or mental disability that makes appointment of a guardian necessary (one statement must be dated within 21 days of filing for guardianship); a list of the ward’s potential heirs if he or she died without a will, existing guardians or government agencies acting as guardians and all other persons exercising some control over the ward, including names, addresses, telephone numbers and the nature of their interest; name and address of the ward’s attorney if he or she has one.

Source: © 1986, MSBA, Inc. Revised 1998. All rights reserved. No part of this work may be reproduced in any form without written permission from the Maryland State Bar Association.

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