Guardianship and conservatorship in Maryland: who, where, cost

What guardianship or conservatorship is

What it is called

Guardian of the person, guardian of the property (of a disabled person)

When a court may appoint one

A guardian of the person may be appointed only on clear and convincing evidence that the person lacks sufficient understanding or capacity to make or communicate responsible personal decisions (health care, food, clothing, shelter) because of a mental disability, disease, habitual drunkenness or drug addiction, AND that no less restrictive form of intervention is available. The petition needs certificates from two licensed physicians, or a physician plus a psychologist, licensed certified social worker-clinical or nurse practitioner; at least one exam within 21 days before filing. A guardian of the property may be appointed if the person cannot manage property and affairs effectively because of disability or other listed causes and has property needing management.

Law: Est. & Trusts § 13-705; § 13-201

Kinds

• Guardian of the person
• Guardian of the property
• Both
• Standby guardian (Maryland Courts Help Center topic)

Law: Md. Code, Est. & Trusts §§ 13-201, 13-207, 13-705, 13-707

Who can ask, which court and your own choice

Who may ask

An interested person files a petition in the circuit court under Title 10 of the Maryland Rules.

Source: form CC-GN-002

Court

Circuit court for the county where the person lives.

Source: guardianship of the property can also be in the Orphans' Court in some counties, per form CC-GN-005

Choosing your own

You can sign a designation (at age 16 or older) nominating your guardian of the person or property; nominees have first priority, and your health care agent has second priority for guardian of the person. Court form CC-GN-009 is for designating a guardian of the property.

Law: Est. & Trusts §§ 13-207, 13-707

Effect on a power of attorney

If a guardian is appointed, the agent must account to the guardian rather than to you, and the guardian can revoke, suspend or end all or part of the power of attorney as you could.

Law: Est. & Trusts § 17-105(e)

Cost, fee waiver and forms

Filing fee

$165 circuit court filing fee for a civil action or proceeding (this total includes a $55 Maryland Legal Services Corporation Fund surcharge and a $30 records improvement fund surcharge), Circuit Court Fee Schedule effective September 2, 2026. The court may also order payment toward the court-appointed attorney for the alleged disabled person.

Fee waiver

Maryland Courts filing fee waiver process (https://www.mdcourts.gov/legalhelp/filingfeewaivers). If the alleged disabled person is indigent, the State pays a reasonable fee for their court-appointed attorney.

Law: Est. & Trusts § 13-705(d)

Forms

• CC-GN-002 Petition for Guardianship of Alleged Disabled Person (Rev. 10/2026)
• CC-GN-005 Certificate of Health Care Professional (Rev. 11/2020)
• Maryland Courts guardianship forms list

Steps

Steps

Other options and where to report abuse

Supported decision-making

Supported Decision Making

Effective October 1, 2022 (HB 529, 2022 session)

An adult can choose supporters to help gather and understand information, weigh options and communicate decisions. Supporters cannot make decisions for the adult. The agreement is not evidence of incapacity and does not override a power of attorney or advance directive. The adult can revoke it at any time, orally or in writing.

The agreement must be in writing, dated, name at least one supporter, describe the help, and be signed by the adult and each supporter, with each signature witnessed by two adults who are not supporters or their employees or agents. Court approval is needed if it affects a guardian's authority.

Source: Official text

Less restrictive options

• Advance directives: Name a health care agent and record treatment wishes.
• Surrogate decision-making: Family members can make health care decisions under the Health Care Decisions Act without a court.
• Powers of attorney: An agent handles money and property.
• Representative payees: A payee manages government benefits.
• Supported decision-making: Supporters help the adult make their own decisions.
• Mediation: A neutral mediator helps families explore options that avoid, limit or end a guardianship.

Report abuse or exploitation

Adult Protective Services (Maryland Department of Human Services, local departments of social services) · 1-800-917-7383

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Law: Md. Code, Est. & Trusts §§ 18-101 to 18-109

Free help in Maryland

• Maryland Legal Aid · 888-465-2468
• Maryland Courts: Alternatives to Guardianship
• Maryland Courts: Guardianship forms
• Maryland Department of Health: Advance Directive Program
• Maryland Department of Health: Advance directive forms and resources
• Find free legal aid at LawHelp.org

Report abuse or exploitation

Adult Protective Services (Maryland Department of Human Services, local departments of social services) · 1-800-917-7383

More for Maryland

• Everything about powers of attorney in Maryland
• Power of attorney
• Health care directive
• Signing checklist
• Revoke a power of attorney
• Guardianship and alternatives
• Social Security and VA benefits