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Every adult in Maryland is presumed capable of making personal, financial, and medical decisions unless a court determines otherwise. When an individual becomes unable to make responsible decisions due to incapacity, a Maryland court may appoint a substitute decision maker, most commonly known as a guardian. In some situations, particularly when only financial authority is needed, the court may appoint a conservator instead.

Guardianship is a legal relationship between a competent adult and a person who, because of incapacity, is no longer able to manage their own affairs. Depending on the scope of the appointment, a guardian may be authorized to make legal, financial, and healthcare decisions on behalf of the ward. The level of court oversight varies based on the type of guardianship and the authority granted.

Limited Guardianship in Maryland

Not all individuals lack capacity in every area of life. In those cases, Maryland courts may establish a limited guardianship. This allows the guardian to make decisions only in specific areas where the individual cannot act independently, while preserving as many personal rights as possible. Limited guardianship is often considered when full guardianship would be unnecessarily restrictive.

If you are concerned about a loved one’s capacity or want to understand whether guardianship is appropriate, contact us online or call 443-339-5638 to speak with a guardianship attorney serving Columbia, MD, Rockville, and Annapolis.

Incapacity

The standard under which a person is deemed to require a guardian differs from state to state. In some states the standards are different, depending on whether a complete guardianship or a conservatorship over finances only is being sought. Generally, a person is judged to be in need of guardianship when he or she shows a lack of capacity to make responsible decisions. A person cannot be declared incapable simply because he or she makes irresponsible or foolish decisions, but only if the person is shown to lack the capacity to make sound decisions. For example, a person may not be declared incapable simply because he spends money in ways that seem odd to someone else. Also, a developmental disability or mental illness is not, by itself, enough to declare a person incapable.

Understanding Guardianship vs. Conservatorship in Maryland

In Maryland, the legal distinction between guardianship and conservatorship is vital when deciding how best to protect a loved one. Guardianship refers to decisions concerning the ward’s personal well-being, such as healthcare and daily living arrangements. Conservatorship, on the other hand, focuses specifically on financial management. Depending on the ward’s needs, the court may appoint the same individual to both roles or designate separate parties.

If you're uncertain whether your family member needs financial support, medical oversight, or both, a conservatorship attorney in Maryland can evaluate the situation and recommend the best path forward. The attorneys at Elville & Associates have extensive experience helping clients throughout Columbia, Rockville, Annapolis, and surrounding areas navigate these sensitive matters.

Who Can Serve as a Guardian or Conservator?

The Maryland courts prioritize appointing individuals who are both qualified and personally invested in the well-being of the ward. The following may be considered:

Spouse or domestic partner
Adult children or relatives
Close friends or neighbors
Court-approved fiduciaries or nonprofit organizations
Public guardians when no suitable private party is available

A person may also nominate a potential guardian through a durable power of attorney before losing capacity. In such cases, courts will often honor that designation unless a clear conflict arises.

Process

In most states, anyone interested in the proposed ward’s well-being can request a guardianship. An attorney is usually retained to file a petition for a hearing in the probate court in the proposed ward’s county of residence. Protections for the proposed ward vary greatly from state to state, with some simply requiring that notice of the proceeding be provided and others requiring the proposed ward’s presence at the hearing. The proposed ward is usually entitled to legal representation at the hearing, and the court will appoint an attorney if the allegedly incapacitated person cannot afford a lawyer.

At the hearing, the court attempts to determine if the proposed ward is incapacitated and, if so, to what extent the individual requires assistance. If the court determines that the proposed ward is indeed incapacitated, the court then decides if the person seeking the role of guardian will be a responsible guardian.

A guardian can be any competent adult — the ward’s spouse, another family member, a friend, a neighbor, or a professional guardian (an unrelated person who has received special training). A competent individual may nominate a proposed guardian through a durable power of attorney in case she ever needs a guardian.

The guardian need not be a person at all — it can be a non-profit agency or a public or private corporation. If a person is found to be incapacitated and a suitable guardian cannot be found, courts in many states can appoint a public guardian, a publicly financed agency that serves this purpose. In naming someone to serve as a guardian, courts give first consideration to those who play a significant role in the ward’s life — people who are both aware of and sensitive to the ward’s needs and preferences. If two individuals wish to share guardianship duties, courts can name co-guardians.

Reporting Requirements

Courts often give guardians broad authority to manage the ward’s affairs. In addition to lacking the power to decide how money is spent or managed, where to live and what medical care he or she should receive, wards also may not have the right to vote, marry or divorce, or carry a driver’s license. Guardians are expected to act in the best interests of the ward, but given the guardian’s often broad authority, there is the potential for abuse. For this reason, courts hold guardians accountable for their actions to ensure that they don’t take advantage of or neglect the ward.

The guardian of the property inventories the ward’s property, invests the ward’s funds so that they can be used for the ward’s support, and files regular, detailed reports with the court. A guardian of the property also must obtain court approval for certain financial transactions. Guardians must file an annual account of how they have handled the ward’s finances. In some states guardians must also give an annual report on the ward’s status. Guardians must offer proof that they made adequate residential arrangements for the ward, that they provided sufficient health care and treatment services, and that they made available educational and training programs, as needed. Guardians who cannot prove that they have adequately cared for the ward may be removed and replaced by another guardian.

Planning Ahead: Legal Alternatives to Guardianship

Guardianship and conservatorship are often preventable with early, proactive legal planning. In Maryland, several tools allow individuals to designate trusted decision-makers while they still have full legal capacity.

Power of Attorney: A power of attorney grants financial authority to an agent, empowering them to act in the principal’s best interests.
Advance Health Care Directive: This document allows someone to express their medical wishes and designate a health care agent.
Revocable Trust: A revocable trust enables an appointed trustee to manage assets privately and without court involvement.
Supported Decision-Making: This collaborative model empowers adults with disabilities to make decisions with help from chosen supporters.
Representative Payee Services: For government benefits like Social Security or VA compensation, a representative payee can manage funds without full conservatorship.

Our team regularly advises Maryland families on how to implement these tools to avoid court-supervised arrangements whenever possible. To explore your family’s options, reach out to Elville & Associates online for a personalized consultation.

When to Speak With a Conservatorship Attorney in Maryland

Whether you're considering petitioning for guardianship or seeking ways to avoid it through proactive planning, timing is crucial. Early legal guidance allows you to evaluate the least restrictive and most effective path for your loved one.

Signs it may be time to speak with an attorney include:

Your loved one has become vulnerable to financial exploitation
There’s no power of attorney or health care directive in place
Medical providers have expressed concern about safety or confusion
Family disagreements are delaying important decisions

At Elville & Associates, our conservatorship and elder law attorneys in Columbia, MD are here to answer your questions with clarity and compassion. For additional context, review our insights on special needs guardianship processes and how the court evaluates these matters.

Explore More on Guardianship and Legal Incapacity

Schedule a Consultation With Elville & Associates

If you’re concerned about the capacity or safety of a loved one—or if you simply want to plan ahead—our attorneys are here to help. With extensive experience in guardianship, conservatorship, elder law, and estate planning across Maryland, we offer compassionate, strategic guidance grounded in decades of legal insight.

Request a consultation with our Columbia-based legal team online or give us a call at 443-339-5638 today and take the first step toward clarity, confidence, and security.