Can a power of attorney or supported decision-making agreement replace guardianship in Maryland?

Sometimes. For a guardian of the person, the court must find that no less restrictive form of intervention is available that is consistent with the person's welfare and safety, and the petition asks what alternatives were tried. A supported decision-making agreement under Title 18 does not supplant a guardian's authority unless the court authorizes limiting or removing the guardianship because of it. The court can also authorize a transaction without appointing a guardian of the property (Est. & Trusts §13-204).

What is the difference between a guardian of the person and a guardian of the property in Maryland?

They are separate appointments under different subtitles. A guardian of the person addresses personal decisions such as health care, food, clothing, or shelter and requires clear and convincing evidence. A guardian of the property addresses a person who is unable to manage effectively their property and affairs because of a cause listed in §13-201(c), such as physical or mental disability, disease, addiction to drugs or imprisonment, and who has property or benefits needing management. An adjudication under the property subtitle has no bearing on capacity for self-care (§13-205).

Can a Maryland guardianship be limited?

Yes, for a guardian of the person. The court may grant only those powers necessary to provide for the demonstrated need of the disabled person (Est. & Trusts §13-708(a)(1)). The guardianship may be limited to one or more health care decisions, or limited to a period if it appears probable that the disability will cease within 1 year of the appointment (§13-708(a)(2)).

Is emergency guardianship available in Maryland?

An interested person may petition for emergency protective services and a temporary guardian of the person. The court must find on the record, by clear and convincing evidence, that the person lacks capacity under the §13-705(b) standards, that an emergency exists (substantial risk of death or immediate and serious physical harm), and that no person authorized to consent is available. The initial order lasts not more than 144 hours (§13-709).

What reports and bond does a Maryland guardian have to handle?

Bond is a property-guardian issue only. The court may require bond for a noncorporate guardian of the property if necessary for the safety of those interested; a corporate guardian is not required to give bond (Est. & Trusts §13-208). A guardian of the person files an annual report on form CC-GN-013 within 60 days of the appointment anniversary or as the court otherwise directs. A property guardian files form CC-GN-011 and annual accounts on CC-GN-012.

Adult Guardianship in Maryland

Reviewed by DocDraft Legal Team - Maryland - Last updated October 9, 2026

In Maryland the circuit court (in the county or Baltimore City) appoints a "guardian of the person" or a "guardian of the property" for an adult the statute calls a "disabled person"; "conservator" is not the Maryland term (Md. Code, Est. & Trusts §13-105(b), §13-705(a), §13-201(a)). Guardianship of the person requires a finding by clear and convincing evidence that the person lacks sufficient understanding or capacity to make or communicate responsible personal decisions, and that no less restrictive form of intervention is available that is consistent with the person's welfare and safety (§13-705(b)). The petition, on form CC-GN-002 (Md. Rule 10-112), must include signed and verified certificates from two licensed physicians, or one licensed physician plus one licensed psychologist, licensed certified social worker-clinical, or nurse practitioner, with at least one examination or evaluation within 21 days before filing (§13-705(c)). Unless the person has counsel of their own choice, the court shall appoint an attorney to represent the person.

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How does a court decide an adult needs a guardian of the person in Maryland?

The circuit court must determine from clear and convincing evidence that the person lacks sufficient understanding or capacity to make or communicate responsible personal decisions, including provisions for health care, food, clothing, or shelter, because of a mental disability, disease, habitual drunkenness, or drug addiction, and that no less restrictive intervention is available (Est. & Trusts §13-705(b)).

Which court and which form start an adult guardianship in Maryland?

The circuit court has exclusive jurisdiction over protective proceedings for disabled persons (Est. & Trusts §13-105(b)); orphans' courts do not handle adult cases. The Maryland Judiciary's petition is form CC-GN-002, Petition for Guardianship of Alleged Disabled Person (Md. Rule 10-112). Ask the circuit court clerk about any local requirements, because the court's requirements control.

Does Maryland require a doctor's certificate to petition for guardianship?

Yes. A petition for guardianship of a disabled person must include signed and verified certificates from health professionals who examined the person: two licensed physicians, or one licensed physician plus one licensed psychologist, licensed certified social worker-clinical, or nurse practitioner. At least one examination or evaluation must occur within 21 days before filing (Est. & Trusts §13-705(c)).

What rights does the person have in a Maryland guardianship case?

Unless the person alleged to be disabled has counsel of their own choice, the court shall appoint an attorney (Est. & Trusts §13-705(d)-(e)). The person may be present at the hearing unless they knowingly and voluntarily waived that right or cannot be present because of physical or mental incapacity, and may present evidence and cross-examine.

Maryland's person and property guardians, certificates up front, and appointed counsel

Maryland uses its own vocabulary: the court appoints a "guardian of the person" and a "guardian of the property" (the statute says "guardian of an estate") for a "disabled person", called the "alleged disabled person" during the case, and "conservator" is not the Maryland term. The circuit court has exclusive jurisdiction over protective proceedings for disabled persons (Est. & Trusts §13-105(b)), and orphans' courts do not handle adult cases. The two appointments sit in different subtitles with different tests. A guardian of the person shall be appointed if the court determines from clear and convincing evidence that the person lacks sufficient understanding or capacity to make or communicate responsible personal decisions, including provisions for health care, food, clothing, or shelter, because of any mental disability, disease, habitual drunkenness, or addiction to drugs, and that no less restrictive form of intervention is available that is consistent with the person's welfare and safety (§13-705(b)). A guardian of the property requires that the person is unable to manage effectively the person's property and affairs because of physical or mental disability, disease, habitual drunkenness, addiction to drugs, imprisonment, compulsory hospitalization, detention by a foreign power, or disappearance, and has property or benefits needing management (§13-201(c)); the statute states no standard of proof for that appointment, so ask the clerk how the court applies it. Maryland front-loads the medical evidence: the petition, on form CC-GN-002 (Md. Rule 10-112), must include signed and verified certificates from two licensed physicians, or one licensed physician plus one licensed psychologist, licensed certified social worker-clinical, or nurse practitioner, and at least one examination or evaluation must occur within 21 days before filing (§13-705(c)). Unless the person has counsel of their own choice, the court shall appoint an attorney, and this is not conditioned on indigency or on a request (§13-705(d)-(e)). The person may be present at the hearing, may present evidence and cross-examine, and a closed hearing without a jury is available if the person or counsel requests it.

Relevant Laws

Md. Code, Est. & Trusts §13-705(b) and §13-201(c): disabled person and incapacity standards

Guardian of the person: clear and convincing evidence that the person lacks sufficient understanding or capacity to make or communicate responsible personal decisions and no less restrictive intervention is available. Guardian of the property: inability to manage effectively the person's property and affairs for the listed reasons.

Md. Code, Est. & Trusts §13-105(b), §13-201 and §13-705: jurisdiction and petition

The circuit courts have exclusive jurisdiction over protective proceedings for disabled persons. Section 13-201(a) provides for guardians of the property and §13-705(a) for guardians of the person; the petition rules are in Md. Rules Title 10.

Md. Code, Est. & Trusts §13-705(c)-(e): certificates, counsel and hearing

Certificates from two licensed physicians, or one physician plus a psychologist, licensed certified social worker-clinical or nurse practitioner, with at least one examination within 21 days before filing; appointed attorney unless the person has their own; the person's right to be present.

Maryland Judiciary guardianship forms

Official index of the CC-GN series, including CC-GN-002 (petition), CC-GN-004 (answer), CC-GN-015 and CC-GN-016 (advice of rights), CC-GN-019 (capacity assessment certificate), CC-GN-011, CC-GN-012 and CC-GN-013.

Regional Variances

Maryland adult guardianship requirements

Court

Circuit Court for the county or Baltimore City, which has exclusive jurisdiction over protective proceedings for disabled persons; orphans' courts do not handle adult cases (Est. & Trusts §13-105(b)).

Terms used

Guardian of the person and guardian of the property (statute: guardian of an estate) for a "disabled person", called the "alleged disabled person" during the case. "Conservator" is not the Maryland term (§13-201(a), §13-705(a)).

Petition form

CC-GN-002, Petition for Guardianship of Alleged Disabled Person (Md. Rule 10-112). The court's requirements control, so ask the circuit court clerk about local requirements.

Incapacity standard and proof

Person: lacks sufficient understanding or capacity to make or communicate responsible personal decisions, including provisions for health care, food, clothing, or shelter, because of any mental disability, disease, habitual drunkenness, or addiction to drugs, and no less restrictive intervention is available; clear and convincing evidence (§13-705(b)). Property: unable to manage effectively the person's property and affairs for the reasons listed in §13-201(c), and has property or benefits needing management; the statute states no standard of proof.

Medical or evaluator report

Signed and verified certificates from two licensed physicians, or one licensed physician plus one licensed psychologist, licensed certified social worker-clinical, or nurse practitioner; at least one examination or evaluation within 21 days before filing (§13-705(c)). Form CC-GN-019 must be used for examinations or evaluations on or after January 1, 2027.

Notice and service

The court issues an order to show cause after the petition; the petition lists all interested persons and, if the person lives with the petitioner, a second person for initial service (CC-GN-002). Ask the clerk for the service method and day counts the court requires.

Right to counsel

Unless the person has counsel of their own choice, the court shall appoint an attorney. Not conditioned on indigency or on request; if the person is indigent, the State pays a reasonable fee (§13-705(d)-(e)).

Hearing

The person may be present unless they knowingly and voluntarily waived the right or cannot be present because of physical or mental incapacity, and may present evidence and cross-examine. A closed hearing without a jury is available on request of the person or counsel (§13-705(e)).

Less restrictive alternatives

For a guardian of the person, the court must find that no less restrictive form of intervention is available that is consistent with the person's welfare and safety (§13-705(b)(2)); the court may grant only powers necessary for the demonstrated need and may limit the guardianship to health care decisions or, if the disability will probably cease within 1 year, to a period (§13-708(a)). Supported decision-making is under Title 18 (§18-104(b)).

Emergency guardian

Interested person's petition; clear and convincing evidence of lack of capacity under §13-705(b), an emergency, and no person authorized to consent available; initial order not more than 144 hours (§13-709).

Bond and reports

Bond: property guardian only; discretionary for a noncorporate guardian if necessary for the safety of those interested; never required of a corporate guardian; not required for an estate of up to $10,000 held in restricted form unless exceptional circumstances exist (§13-208). Person guardian: annual report (CC-GN-013) within 60 days of the appointment anniversary or as the court otherwise directs. Property guardian: inventory (CC-GN-011; confirm the filing deadline with the clerk), and annual account (CC-GN-012).

Suggested Compliance Checklist

Weigh less restrictive alternatives

Before filing days after starting

Ask whether a durable power of attorney, healthcare power of attorney or supported decision-making agreement could meet the need. For a guardian of the person, the court must find that no less restrictive form of intervention is available that is consistent with the person's welfare and safety, and the petition asks what alternatives were tried.

Document: durable-power-of-attorney

Arrange the health professional certificates

Within 21 days before filing for at least one examination days after starting

Obtain signed and verified certificates from two licensed physicians, or one licensed physician plus one licensed psychologist, licensed certified social worker-clinical, or nurse practitioner. At least one examination or evaluation must occur within 21 days before the petition is filed. Use form CC-GN-019 for examinations or evaluations on or after January 1, 2027.

File form CC-GN-002 with the circuit court

At filing days after starting

File Petition for Guardianship of Alleged Disabled Person (Md. Rule 10-112) with the certificates in the circuit court, listing all interested persons. Choose guardian of the person, guardian of the property, or both, since they are separate appointments, and ask the clerk about local requirements.

Confirm service and prepare for the hearing

After filing; ask the clerk for the service deadlines days after starting

Ask the clerk what service the court requires on the person and on interested persons. Unless the person has counsel of their own choice, the court shall appoint an attorney. The person may attend the hearing unless they knowingly and voluntarily waived it or cannot be present because of physical or mental incapacity.

Calendar bond, inventory and reports

After appointment days after starting

A guardian of the property files an inventory (CC-GN-011; confirm the filing deadline with the clerk) and an annual account (CC-GN-012); bond is for property guardians only and may be required of a noncorporate guardian if necessary for the safety of those interested. A guardian of the person files the annual report (CC-GN-013) within 60 days of the appointment anniversary or as the court otherwise directs.

Task	Description	Document	Days after starting
Weigh less restrictive alternatives	Ask whether a durable power of attorney, healthcare power of attorney or supported decision-making agreement could meet the need. For a guardian of the person, the court must find that no less restrictive form of intervention is available that is consistent with the person's welfare and safety, and the petition asks what alternatives were tried.	durable-power-of-attorney	Before filing
Arrange the health professional certificates	Obtain signed and verified certificates from two licensed physicians, or one licensed physician plus one licensed psychologist, licensed certified social worker-clinical, or nurse practitioner. At least one examination or evaluation must occur within 21 days before the petition is filed. Use form CC-GN-019 for examinations or evaluations on or after January 1, 2027.	-	Within 21 days before filing for at least one examination
File form CC-GN-002 with the circuit court	File Petition for Guardianship of Alleged Disabled Person (Md. Rule 10-112) with the certificates in the circuit court, listing all interested persons. Choose guardian of the person, guardian of the property, or both, since they are separate appointments, and ask the clerk about local requirements.	-	At filing
Confirm service and prepare for the hearing	Ask the clerk what service the court requires on the person and on interested persons. Unless the person has counsel of their own choice, the court shall appoint an attorney. The person may attend the hearing unless they knowingly and voluntarily waived it or cannot be present because of physical or mental incapacity.	-	After filing; ask the clerk for the service deadlines
Calendar bond, inventory and reports	A guardian of the property files an inventory (CC-GN-011; confirm the filing deadline with the clerk) and an annual account (CC-GN-012); bond is for property guardians only and may be required of a noncorporate guardian if necessary for the safety of those interested. A guardian of the person files the annual report (CC-GN-013) within 60 days of the appointment anniversary or as the court otherwise directs.	-	After appointment

Frequently Asked Questions

Other Maryland guides

Adverse Possession in Maryland: The Twenty Year Duty on the Record Owner

Asset Protection Planning in Maryland (2026)

Dealing With Debt Collectors in Maryland (2026)

Expunging a Criminal Record in Maryland (2026)

Filing a Workplace Harassment Complaint in Maryland

Filing Chapter 7 Bankruptcy in Maryland (2026)

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