Adult Public Guardianship

The Adult Public Guardianship program exists to safeguard the welfare of people whom a court has determined are disabled and unable to care for and make decisions for themselves.. Guardianship is an extreme measure that removes an individual’s right to make almost all personal and/or financial decisions.

A court can appoint a guardian of the person, property, or both. A guardian of the person is authorized by the court to make decisions for the disabled person about their health care, shelter, and other daily needs. A guardian of the property is a person or agency appointed by the court to manage the property of a disabled person. Public agencies (local departments of social services and local area agencies on aging) may not serve as guardians of the property.

If a court determines that an individual is in need of a guardian, the court will first look to the individual’s close family members, usually a spouse or domestic partner, parent, or adult child and determine if any would be able and willing to serve as a guardian. If no close family member is available or suitable, the court will consider other relatives or friends. As a last resort, the court will appoint a public agency to serve as a disabled person’s individual’s guardian. For individuals who are under the age of 65 when the guardianship petition is filed, the court will appoint the Local Department of Social Services in the county where the person resides. For individuals who are over the age of 65 when the guardianship petition is filed, the local Area Agency on Aging will be appointed.

For information about the guardianship process, visit the Maryland Judiciary’s website at https://www.courts.state.md.us/

ADULT PUBLIC GUARDIANSHIP REVIEW BOARDS

All guardians, whether public or private, must submit annual status reports to the court detailing the disabled person’s personal and financial well-being. Public guardians have additional reporting duties to their local Adult Public Guardianship Review Boards.

Adult Public Guardianship Review Boards, which consist of volunteer professionals from the medical, legal and disabilities communities, review each public guardianship case every six months. After reviewing a case, the Board will make a recommendation to the court to continue, modify, or terminate the guardianship.

To become a volunteer member of your local jurisdiction’s Adult Public Guardianship Review Board or for further information, contact your local department of social services.