MD risk area
Guardianship risk in Maryland
How courts appoint guardians for minors when no plan is in place.
Maryland courts appoint guardians for minors after notice and a hearing when appointment is in the minor’s best interests.
What happens to minor children immediately after a death?How does the court choose a guardian?How long can the guardianship process take?
At a glance
Key takeaways
- Any person interested in the minor’s welfare may petition for appointment.
- The court appoints a guardian if it is in the minor’s best interests and no parent is willing or able, parents consent, or no parent objects.
- A minor age 14 or older may designate a guardian, and the court must appoint that person unless contrary to the minor’s best interests.
- Older minors may nominate a guardian, subject to court approval.
Questions to consider
Questions this risk area helps you evaluate in Maryland
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
Maryland courts appoint guardians for minors after notice and a hearing when appointment is in the minor’s best interests.
- Any person interested in the minor’s welfare may petition for appointment.
- The court appoints a guardian if it is in the minor’s best interests and no parent is willing or able, parents consent, or no parent objects.
- A minor age 14 or older may designate a guardian, and the court must appoint that person unless contrary to the minor’s best interests.
- Older minors may nominate a guardian, subject to court approval.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
- Courts rely on best-interest findings when appointing a guardian.
Sources
Risk sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in Maryland.