Guardianship of a Minor
Topics on this page:
- Guardianship of a Minor
- Types of Guardians
- Standby Guardianship
- Interested Person
- Court Process
- Training and Reporting Requirements
Guardianship of a Minor
Guardianship is a legal process where the court appoints a person to manage a minor’s personal affairs (non-financial decisions), financial affairs, or both. The court can appoint one person to manage the minor’s personal affairs and another to manage the minor’s financial affairs. The court can also appoint two people as co-guardians to share the guardianship responsibilities. The court is the ultimate guardian and will monitor the guardianship.
Read the Rules: Md. Rules, Title 10
Some people think of guardianship as a subset of custody. Specifically, some consider guardianship to be a less intrusive alternative to custody for accomplishing certain purposes. While both aim to ensure minors' well-being, custody and guardianship are two different legal processes with different responsibilities, procedures, and rights. If you are not sure which option is best for your situation, talk to an attorney.
Types of Guardians
Guardian of the Person – A guardian of the person takes care of the minor’s personal and physical needs. This includes providing for everyday needs, such as food, clothing, housing, education, health, and social decisions. This can also include arranging for the minor's home health care and services.
The guardian of the person advocates for the minor and acts in the minor’s best interests. The court order will have specific information about the guardian’s responsibilities and powers. Read the Rule: Md. Rules: Title 10, Ch. 200
Guardian of the Property – A guardian of the property manages the minor’s financial affairs and makes financial decisions that are in the minor’s best interests. Examples of financial decisions include collecting income, applying for benefits, managing property, and paying bills. The court order will have specific information about the guardian’s responsibilities and powers. Read the Rule: Md. Rules: Title 10, Ch. 300
Guardian of the Person and the Property – The court can appoint one person to manage the minor's personal and financial affairs.
Note: A minor who is 14 years old and older may choose their guardian. If the court finds that the appointment of the minor’s choice of guardian is not in the minor’s best interest, the court may choose a different guardian.
Read the law: Md. Code, Estates and Trusts §§ 13-201, 13-702
Standby Guardianship
A standby guardian is a person appointed by a parent of a minor to take care of that minor in the event that the parent becomes:
- Deceased or mentally incapacitated
- Debilitated by an illness or injury
- Subject to adverse immigration action
Guardianship does not constitute custody. At least one parent must consent to the appointment. A parent may revoke their consent to the standby guardianship at any time. Parents do not lose their parental rights at any time. Learn more about standby guardianship.
Read the Rule: Md. Rules: Title 10, Ch. 400
Interested Person
In guardianship cases, interested persons are people affected when the court appoints a guardian for another person or anybody who has assumed responsibility for the minor or disabled person. They may petition for guardianship and can help the court by being the “eyes and ears” in a guardianship case. The court recognizes legally defined classes of people as interested persons, which include:
- The minor or disabled person
- Parents
- Adult children
- Siblings
- Grandchildren.
- Spouses
- Other relatives
Government agencies paying benefits to the minor or (alleged) disabled person are also interested persons such as:
- Social Security Administration
- U.S. Department of Veterans Affairs;
- Any person with an interest in the minor or (alleged) disabled person’s property;
- Others considered appropriate by the court.
An interested person is entitled to certain court notifications and may become involved in the case. The notification requirement can be waived. Learn more about the role of the interested person.
Court Process
To obtain guardianship of a minor, you should file a petition for guardianship in the name of the minor. Guardianship forms and instructions can be found on the Maryland Courts website.
The procedure to obtain guardianship of a minor is essentially the same as the procedure to obtain guardianship of an alleged disabled person. Learn more about the process of obtaining adult guardianship.
However, there are some differences between the process and procedures for guardianship of a minor versus an alleged disabled adult. Below are some examples. This is a partial list. You should carefully review the Maryland Rules, which are the rules of procedure you must follow for the guardianship proceeding.
- Consent of Parents – If possible, each parent’s consent must be obtained. If you are unable to obtain consent because you are unable to contact, locate, or identify either parent, then you must file an affidavit with the court that describes your attempts to contact, locate, or identify the parents.
- Multiple Minors- Generally, a separate petition must be filed for each minor. However, a petition may include a request for guardianship of two or more similarly situated full siblings. Note that there would be a separate guardianship order for each sibling.
- Form of Petition – The form of petition for guardianship of the minor is different than the form or petition for guardianship of an alleged disabled adult.
Read the rules: Md. Rules Title 10, Chapter 100, Chapter 200; and Chapter 300
Training and Reporting Requirements
Prospective guardians must meet orientation requirements and watch this video on the Maryland Courts website. After watching the entire video, you will need to complete a certificate of completion and file it with the court. More information, including a link to the certificate form, is available on the Maryland Courts website.
Once you have been appointed the guardian of the person and/or the guardian of the property of a minor, you must complete a training program. This program may be offered in person or online. Contact the court that appointed you as guardian for information about the training requirement.
In addition to training requirements, you have ongoing reporting and record keeping requirements. For example, guardians of the property must file an initial inventory with the court within 60 days of appointment. The inventory must list all assets and income in the guardianship estate at the time you were appointed. You must also file an annual Fiduciary Account with the court.
Read your guardianship order very carefully. Extensive information about your ongoing training and reporting requirements is available on the Maryland Courts website.