by Lisa White

Lisa WhiteMarch 31, 20250 comments

You Established a Guardianship. Now what?

In Maryland, you can be a court-appointed guardian of the person and/or the property of a minor child or a disabled person. Once the court process for seeking a guardianship is complete and a guardianship order is issued, the newly-appointed guardian has rights and responsibilities under the law. All guardians must file an annual or biannual report with the court.

Guardianship of a Person

A court, through issuance of an order, may grant the guardian of a disabled person the same rights, powers, and duties that a parent would have over a minor child. For a disabled person, a guardianship order can allow the guardian to establish the disabled person’s home. Guardians can also be given the authority to make medical decisions, including determining a medical course of treatment. While guardians have powers, they also have responsibilities. Court-appointed guardians have a duty to provide for the disabled person, including ensuring provision of medical care, comfort, and clothing, and fostering friendships. Guardians must keep records and periodically report to the supervising court.

Guardianship of Property

A guardian of the property of a minor or of a disabled person has the powers of a fiduciary. A fiduciary is a trustee who may make decisions on behalf of the minor child or disabled person, including decisions regarding investments, mortgages, leases, or borrowing money, for the purpose of protecting the minor or disabled person’s property. A fiduciary may retain the assets of the minor or disabled person, and may receive assets from any sources on the person’s behalf. Guardians of the property may also make charitable contributions, protect the minor’s or disabled person’s property from damage, loss, and liability, and may pay taxes. Guardians may also employ attorneys, as needed.

None of the information provided in this article constitutes legal advice. Every situation is different and should be thoroughly reviewed by and discussed with your legal advisors. Please do not rely on the contents of this article as a basis for making decisions regarding your particular situation. If you are a court-appointed guardian and have questions, or wish to petition the court to establish a guardianship, Lewicky, O’Connor, Hunt & Meiser stands ready to provide legal support to you. Please call us to schedule a consultation at (410) 489-1996.