Understanding Guardianship in Maryland
Guardianship is a legal relationship in which a court appoints a person (the guardian) to make decisions for someone who cannot make decisions for themselves (the ward). This may be necessary for minor children, elderly individuals, or adults with disabilities.
Types of Guardianship
Maryland law recognizes two types of guardianship:
- Guardianship of the Person: Authority to make personal decisions including healthcare, living arrangements, and daily care.
- Guardianship of the Property: Authority to manage financial affairs, including assets, income, and expenses.
- Limited Guardianship: The court grants specific powers while the ward retains other rights.
Guardianship of Minors
When a child's parents are deceased, unavailable, unwilling, or unable to provide proper care, a court-appointed guardian may be necessary to ensure the child's safety, stability, and legal protection. In Maryland, guardianship of a minor may address custody, medical decision-making, education, and financial management. We represent relatives and other interested parties seeking guardianship and defend against improper petitions.
We represent clients in:
- Guardianship by grandparents and other relatives
- Third-party guardianship proceedings
- Standby guardianship for parents with serious or terminal illness
- Emergency and temporary guardianship petitions
- Contested custody and guardianship matters
Our attorneys assist clients in obtaining legally enforceable authority to care for minors while complying with all statutory notice and procedural requirements.
Guardianship of Adults
An adult guardianship may be necessary when an individual lacks the capacity to make informed decisions regarding healthcare, housing, or finances. Courts may appoint a guardian of the person, a guardian of the property, or both.
We regularly handle cases involving dementia, developmental disabilities, mental illness, traumatic brain injury, and financial exploitation, and we understand the unique medical, legal, and family dynamics these matters present.
Guardianship proceedings require medical evidence, court hearings, and ongoing reporting. We guide clients through every stage of the process.
Emergency and Temporary Guardianship Litigation
In cases involving immediate risk to health, safety, or finances, emergency or temporary guardianship may be required. These proceedings are expedited and require prompt evidentiary support.
We represent clients in:
- Emergency guardianship petitions
- Temporary guardianship hearings
- Challenges to emergency appointments
- Motions to dissolve or modify temporary orders
Our firm moves quickly to secure lawful protection while safeguarding due process rights.
The Guardianship Process
Guardianship may be established only by court order following strict procedural and evidentiary requirements. The process generally includes filing a verified petition in the appropriate circuit court, providing statutory notice to interested persons, and submitting medical or psychological certifications of incapacity when required. The court may appoint counsel for the alleged disabled person and will hold a hearing to determine capacity and necessity. If guardianship is granted, the guardian must qualify, post bond for guardianship of the property when required, and fulfill ongoing reporting and accounting obligations.
Our attorneys ensure full compliance with Maryland Rules and Estates and Trusts provisions governing guardianship proceedings.
Alternatives to Guardianship
Because guardianship significantly limits an individual's legal rights, Maryland courts require consideration of less restrictive alternatives whenever feasible. We advise families on appropriate planning options, including:
- Durable powers of attorney and advance directives, when capacity exists
- Health care proxies and living wills
- Representative payee arrangements
- Supported decision-making agreements
- Trust and fiduciary management structures
When appropriate, these alternatives may eliminate or limit the need for formal guardianship.
Advocacy for Alleged Disabled Persons
Maryland law affords significant procedural protections to alleged disabled persons. We represent individuals facing guardianship petitions and advocate for their autonomy whenever appropriate.
Our representation includes:
- Challenging medical evidence
- Asserting less restrictive alternatives
- Opposing unnecessary guardianship
- Limiting scope of authority
- Protecting civil and property rights
We ensure that guardianship is imposed only when legally justified.
Guardianship Litigation
Guardianship proceedings often arise in high-conflict family, financial, and medical situations. Disputes may involve allegations of incapacity, disagreements over who should serve as guardian, concerns about financial management, or claims of abuse or neglect. These cases require careful compliance with Maryland statutory requirements and a strong evidentiary record.
Leffler, Bayoumi & Oliver, LLC, represents petitioners, alleged disabled persons, guardians, and interested parties in contested guardianship matters throughout Maryland. We handle both guardianship of the person and guardianship of the property litigation in Circuit Court.
Contested Guardianship Proceedings
Guardianship litigation may involve disputes regarding:
- Whether the individual meets the legal standard for incapacity
- Whether guardianship is necessary or appropriate
- Whether less restrictive alternatives are sufficient
- Who should serve as guardian
- The scope of the guardian's authority
- Disagreements among family members
- Allegations of undue influence or manipulation
We develop medical, financial, and testimonial evidence to present clear, legally supported arguments to the court.
Appointment and Qualification Disputes
Contested cases frequently involve challenges to proposed guardians based on suitability, conflicts of interest, or prior misconduct. We represent clients in matters involving objections to proposed guardians, competing guardianship petitions, challenges based on financial conflicts, and disqualification for lack of fitness. We also handle cases involving the appointment of professional or independent guardians and requests for limited or temporary guardianship.
Our attorneys advocate for appointments that serve the ward's best interests and comply with statutory priorities.
Litigation Involving Existing Guardians
Guardianship litigation does not end with appointment. Disputes often arise during administration, particularly in cases involving substantial assets or family conflict.
We represent parties in proceedings involving:
- Petitions to remove or replace guardians
- Motions to limit or expand authority
- Objections to accountings
- Allegations of mismanagement or exploitation
- Failure to comply with court orders
- Disputes over residence, care, and services
We pursue corrective relief when necessary and defend responsible guardians against improper challenges.
Remedies and Court Oversight
Guardianship courts retain continuing jurisdiction and broad supervisory authority. Through litigation, parties may seek:
- Modification of guardianship orders
- Removal and replacement of guardians
- Court-ordered accountings
- Appointment of auditors or investigators
- Restrictions on asset access
- Protective and injunctive relief
We use available statutory and procedural remedies to enforce compliance and protect vulnerable individuals.
Guardianship litigation requires mastery of medical evidence, financial documentation, and Maryland procedural rules. At Leffler, Bayoumi & Oliver, LLC, our attorneys approach these matters with thorough preparation, strategic advocacy, and unwavering attention to the ward's rights and welfare. Whether prosecuting or defending a contested guardianship, we work to achieve practical, legally sustainable outcomes.
Our Approach
We guide families through guardianship proceedings with professionalism, discretion, and careful attention to the rights of the alleged disabled person. Our practice emphasizes thorough preparation, accurate medical and financial documentation, and responsible advocacy before the court. We also represent appointed guardians in fulfilling their ongoing duties, including compliance with reporting, accounting, and court supervision requirements.
