Guardianship of a Child or Adult in Maryland

Anyone interested in the minor's welfare may petition for appointment of a guardian of the person of an unmarried minor. After notice and a hearing under the Maryland Rules, the court may appoint a guardian if it finds by a preponderance of the evidence that the appointment is in the child's best interest, no testamentary guardian has been named, and no parent is willing or able to serve, each parent consents, or no parent objects. The court must appoint a qualified person chosen by a minor 14 or older unless that is not in the minor's best interest. Appointing a guardian does not terminate parental rights.

The court appoints a guardian of the person for an adult only if it finds by clear and convincing evidence that the person lacks sufficient understanding or capacity to make or communicate responsible personal decisions (such as 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. The petition must include certificates from two licensed physicians, or one physician plus a psychologist, licensed certified clinical social worker or nurse practitioner, with at least one examination within 21 days before filing. The court appoints a lawyer unless the person has one, and the person may attend, present evidence and cross-examine witnesses.