Maryland Guardianship of a Minor Petition
Maryland lets this petition be filed in either the Circuit Court or a lawyer-judge Orphans' Court under concurrent jurisdiction, uses the mandatory statewide Form CC-GN-001, lets the court appoint a guardian of the person on best-interest and no-testamentary-appointment findings even where the only parental condition met is that no parent objects, and requires every guardian to complete court orientation and training before and after appointment.
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Introduction
In Maryland, a relative or other adult asks the Circuit Court, or the Orphans' Court where the presiding judge is a member of the bar, to appoint a guardian of a minor by filing a Petition for Guardianship of Minor on Form CC-GN-001, the statewide mandatory petition under Md. Rule 10-111; the form has checkboxes for either court, and this is a working draft, not a substitute for the court's form. Maryland's Title 13 emergency order, Estates and Trusts section 13-709, applies only to an adult, not a minor, so ask the court clerk or an attorney about urgent options. The petition must identify both parents and other interested persons for notice, and a minor at least 10 years old is also served; a minor age 14 or older gets their choice of guardian of the person honored if that person is otherwise qualified, unless not in the minor's best interest. Since October 1, 2022, the court may appoint a guardian of the person if it finds, by a preponderance of the evidence, that the appointment serves the minor's best interest, no testamentary appointment has been made, and either no parent is willing or able to serve, each parent consents, or no parent files an objection. Every guardian must complete court training, and a guardian of the person is never required to post bond. This guardianship does not end a parent's parental rights and is not adoption. If a child is in immediate danger, contact Maryland's child protective services agency instead of relying on this petition. Attorney review is available before you file.
Key Things to Know
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File a Petition for Guardianship of Minor on Form CC-GN-001, Maryland's mandatory statewide petition under Md. Rule 10-111, in the Circuit Court or the Orphans' Court where the presiding judge is a member of the bar; the two courts share concurrent jurisdiction under Estates and Trusts section 13-105, and the form itself asks which court the petition is filed in.
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Maryland's Title 13 emergency order, Estates and Trusts section 13-709, is written only for an adult, not a minor, so ask the court clerk or an attorney about urgent options. A standby guardianship under sections 13-901 to 13-908 is a separate court petition a parent files in advance of an anticipated incapacity, death, or adverse immigration action; it is not an emergency tool.
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The petition must list both parents, siblings, other heirs, any existing guardian, any power-of-attorney holder, and anyone who has assumed responsibility for the minor for notice, and a minor who is at least 10 years old is also served; if a parent's identity or location is unknown, the petitioner can file a motion showing diligent efforts to locate that parent, and the court can then allow service by posting or publication.
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A minor age 14 or older who designates a guardian of the person on Form CC-GN-008 must have that choice honored if the person is otherwise qualified, unless it is not in the minor's best interest, while a minor's nomination of a guardian of the property at age 16 is only a priority the court weighs, not a binding designation.
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Since a rewrite of section 13-702 took effect October 1, 2022, the court may appoint a guardian of the person once it finds, by a preponderance of the evidence, that the appointment serves the minor's best interest, no testamentary appointment has been made, and either no parent is willing or able to serve, each parent consents on Form CC-GN-007, or no parent files an objection.
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Ask the court whether it will appoint an investigator, guardian ad litem, or attorney for the minor in your case. Every prospective guardian must complete court orientation and training, filing a Certificate of Completion on Form CC-GN-031, and a guardian of the person may not be required to post any bond, while a guardian of the property faces only a discretionary bond the court may require for the estate's safety.
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This guardianship does not end a parent's parental rights and is not adoption; Estates and Trusts section 13-702(a)(4) says appointing a guardian of the person does not require terminating parental rights, and the guardianship generally ends when the minor turns 18, becomes emancipated, or dies.
Key decisions before you file
Before you file a Guardianship of a Minor Petition in Maryland, a few decisions shape the document: which option to choose and what each one means. The Guardianship of a Minor Petition guide walks through them.
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Maryland Requirements for Guardianship of a Minor Petition
Mandatory Petition on Form CC-GN-001
Maryland requires the statewide Form CC-GN-001, Petition for Guardianship of Minor, under Md. Rule 10-111, filed in the Circuit Court or the Orphans' Court where the presiding judge is a member of the bar; the two courts share concurrent jurisdiction under Estates and Trusts section 13-105.
Section 13-709 Emergency Order Is Adult-Only
Maryland's Title 13 emergency order, Estates and Trusts section 13-709, applies only to an adult, not a minor. A standby guardianship under sections 13-901 to 13-908 is a separate court petition a parent files in advance of an anticipated incapacity, death, or adverse immigration action, not an emergency tool.
Notice to Parents and Other Interested Persons
The petition must identify both parents, siblings, other heirs, any existing guardian, any power-of-attorney holder, and anyone who has assumed responsibility for the minor, and a minor who is at least 10 years old must also be served.
2022 Best-Interest and No-Objection Standard
Since October 1, 2022, under the rewritten Estates and Trusts section 13-702(a), the court may appoint a guardian of the person if it finds by a preponderance of the evidence that the appointment is in the minor's best interest, no testamentary appointment has been made, and either no parent is willing or able to serve, each parent consents on Form CC-GN-007, or no parent files an objection.
Minor's Own Choice of Guardian at Age 14
A minor who is at least 14 years old may designate a guardian of the person on Form CC-GN-008, and the court must appoint that person if otherwise qualified, unless doing so is not in the minor's best interest; a minor's nomination of a guardian of the property at age 16 is only a priority the court considers, not a binding choice.
Mandatory Guardian Orientation and Training
Every prospective guardian must complete court orientation before appointment, and an appointed guardian of the person must finish training within 120 days of appointment and a guardian of the property within 60 days, filing a Certificate of Completion on Form CC-GN-031.
No Bond for a Guardian of the Person
A guardian of the person of a minor may not be required to post any bond under Estates and Trusts section 13-703(a); a guardian of the property faces only a discretionary bond the court may require for the estate's safety, waivable for a noncorporate guardian whose nominating instrument excuses bond, for a corporate guardian, or for an estate under $10,000 absent exceptional circumstances.
Felony Conviction Is Not an Automatic Bar
Estates and Trusts section 11-114 bars appointment as guardian of the person for certain convictions, including a felony, a crime of violence, second-degree assault, or a third- or fourth-degree sexual offense, and as guardian of the property for crimes such as fraud, extortion, embezzlement, forgery, perjury, or theft, unless the proposed guardian shows good cause; Form CC-GN-001 includes a checkbox to disclose the conviction and argue good cause rather than a bar to filing.
Guardianship Does Not Terminate Parental Rights
Estates and Trusts section 13-702(a)(4) states that appointing a guardian of the person of a minor does not require terminating any parental rights; the guardianship generally ends when the minor turns 18, becomes emancipated, or dies.