Maryland Temporary Guardianship Agreement

Introduction

Key Things to Know

1. 1

   The Maryland instrument is the informal kinship care affidavit: a Consent for Health Care Affidavit under Health-General section 20-105 and a separate school-enrollment affidavit under Education section 7-101(c). The relative caring for the child signs it, not the parent. DHS publishes form DHS/SSA/554 (July 2025) as the agency version of the health care affidavit, and the statutes set out the form text.

2. 2

   There is no fixed term. The relative must file the affidavit again each year the child continues to live with the relative because of a serious family hardship. The school affidavit is filed at least 2 weeks before the school year begins. A change in care or in the hardship must be reported in writing within 30 days.

3. 3

   The relative signs as affiant under the penalties of perjury. The statutes call it a sworn affidavit, and the statutory form and the DHS form show a signature and date. The health care affidavit is filed with the Department of Human Services, Social Services Administration, and a copy is given to the treating provider. The school affidavit is filed with the school system, which may ask for supporting documentation of the hardship, and under the Education statute the relative must make reasonable efforts to inform the parent or legal guardian.

4. 4

   Only a relative can use it, meaning an adult related to the child by blood or marriage within the fifth degree of consanguinity, and only for a serious family hardship: death, serious illness, drug addiction, incarceration, abandonment, or active uniformed-services duty of a parent or guardian. A friend or other non-relative cannot use the affidavit, and a parent cannot use it just to arrange care during a trip.

5. 5

   With the health care affidavit the relative may consent to health care for the child and apply for medical and public assistance entitlements. With the school affidavit the child may attend school in the relative's attendance area or county, and the relative makes the full range of educational decisions. Neither statute lists excluded acts such as marriage or adoption. This page does not promise that any school or provider must accept the affidavit beyond what the statutes say.

6. 6

   This is not a court guardianship. It does not give the relative custody or make the relative a legal guardian, and the parent's role continues: the parent keeps final decision making authority on the child's education and the right to consent to health care in future decisions. The affidavits do not apply if a court has appointed a guardian or awarded custody to someone other than the relative.

7. 7

   If this document does not fit your situation, or a longer or court-backed arrangement is needed, Maryland court options include a court guardianship of the person of a minor under Md. Rule 10-111 (petition CC-GN-001) and standby guardianship under Estates and Trusts sections 13-901 to 13-908, which includes a parent-signed designation made before two adult witnesses that takes effect only on the parent's incapacity or the other triggers in the statute; the standby guardian must petition the court within 180 days after the standby guardianship begins. A court guardianship over a parent's objection is a contested case. DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the Maryland child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

Maryland Requirements for Temporary Guardianship Agreement

• Relative-Signed Kinship Care Affidavit

  The relative providing informal kinship care signs a sworn affidavit under the penalties of perjury. The parent does not sign (Md. Code, Health-General 20-105(b), (d); Education 7-101(c)).

• Relative Within the Fifth Degree

  Only an adult related to the child by blood or marriage within the fifth degree of consanguinity can use the affidavit (Health-General 20-105(a)(3); Education 7-101(c)(1)).

• Serious Family Hardship

  The child must live with the relative because of a serious family hardship: death, serious illness, drug addiction, incarceration, abandonment, or active uniformed-services duty of a parent or guardian (Health-General 20-105).

• Annual Re-Filing

  There is no fixed term. The affidavit is filed each year the child continues to live with the relative because of the hardship, and the school affidavit at least 2 weeks before the school year (Health-General 20-105(g); Education 7-101(c)(7)).

• Filing and Provider Copy

  The health care affidavit is filed with the Department of Human Services, Social Services Administration, and a copy is given to the treating provider. The school affidavit is filed with the school system (Health-General 20-105(b), (h); Education 7-101(c)).

• Change Reporting and Parent Notice

  A change in care or hardship must be reported in writing within 30 days (Health-General 20-105(f); Education 7-101(c)(6)). For the school affidavit, the relative must make reasonable efforts to inform the parent or legal guardian (Education 7-101(c)(9)).

• Health Care and School Authority

  The relative may consent to health care and apply for entitlements, and may enroll the child and make the full range of educational decisions, unless a court has appointed a guardian or awarded custody to someone else (Health-General 20-105(b), (i); Education 7-101(c)(2), (8)).

• Parent Keeps Authority

  The parent keeps final decision making authority on the child's education and the right to consent to health care in future decisions (Health-General 20-105(j); Education 7-101(c)(10)).

• DHS Form and Statutory Text

  DHS publishes form DHS/SSA/554 (July 2025), and the affidavit text is set out in Health-General 20-105(d) and Education 7-101(c)(4).