Guardianship is the legal process by which the Court:
- Determines an individual, by virtue of being a minor or having been judged by the Court to have a disability prohibiting him or her from being able to manage his or her own affairs, is in need of protection and
- Appoints another individual as its agent to protect their health, safety, and financial well-being of the minor or disabled person
A Petition for Guardianship may be filed for an adult alleged to have a disability or for a minor. To assist individuals with navigating the guardianship process within Baltimore County, the Circuit Court has established a Guardianship Differentiated Case Management (DCM) Plan. The Guardianship DCM Plan outlines the policies and procedures of the Baltimore County Circuit Court, pursuant the applicable state statutes, from the commencement of the guardianship action though its resolution.
All Adult Guardianship Petitions, Petitions for Person and Property of Minor and Petitions for Property of Minor are processed by the Trust Department. Pro Se petitioners are directed to file either in person or by mail to the Trust Department. Attorneys and registered MDEC users must file via MDEC. Note: Petitions for Guardianship of Person of Minors are processed by and should be filed with the Family Division.
The policies and procedures of guardianship actions in theCircuit Court are implemented by the County Administrative Judge, Guardianship Lead Judge, the Guardianship Bench, the Trust Clerk and the Guardianship Case Manager. Contact the Guardianship Case Manager, Jessica Labenberg, by emailing jessica.labenberg@mdcourts.govor calling410-887-2759.
Training and Reporting Requirements
Individuals pursuing guardianship are required to complete training requirements prior to, and immediately following, their appointment. The training requirements serve to ensure guardians understand their legal responsibilities and know where and how to access resources. Both the Court and the guardian owe a fiduciary duty to the disabled person/minor. As such, guardians are required to inform the Court annually of the personal and financial well-being of the disabled person/minor. The Court, in turn, is responsible for ensuring guardians comply with the below listed requirements:
- Due prior to appointment as a guardian—Prospective guardians are required to complete an orientation program for court-appointed guardians. All prospective guardians must complete a Certificate of Completion.
- Due within 60 days after appointment as a guardian
- Newly-appointed guardians of property must complete and submit an Inventory and Information Report.Guardians are provided a copy of the Report from the Trust Clerk at the time the Appointment Order is mailed.
- Newly-appointed guardians of the person/property are required to complete a Maryland Courts guardian training program, which isavailable online and periodically offered in person at the courthouse.Guardians will receive an order with instructions on how and where to access or attend the training program. All guardians must submit a certificate of completion.
- Due within 60 days from the anniversary of appointment:
- Annual Report of Guardian of Disabled Person andAnnual Report of Guardian of Minor—To be completed by individuals appointed as the Guardian of the Person. This Report is used to update the Court on the current care and well-being of the individual under guardianship, as well as advise the Court of planned future care issues or modifications to the guardianship that may be needed. The Trust Clerk annually provides the Report to guardians.
- Fiduciary’s Account—To be completed by individuals appointed as the Guardian of Property. Guardians are to complete all sections regarding the description and value of assets, expenses and income to the guardianship estate. The Trust Clerk annual provides the Fiduciary’s Account to guardians.
Forms and Resources
The Maryland Judiciaryprovides resources for:
- Prospective guardians, court-appointed guardiansand interested persons involved in a guardianship action can access guardianship forms, such as the annual reports and pleadings, they may need to communicate with the Court.
- Families and friends of individuals diagnosed with a disability or illness who may wish to explore less restrictive alternatives to guardianship
- Maryland Judiciary Case Search
Circuit Court for Baltimore County Clerk’s Office—The Trust Clerk is located on the second floor and is available to accept in-person filings to guardianship matters for individuals who are not registered MDEC users, as well as provide information regarding any filing fees that may apply.
Pursuant to Maryland Rule 10-108, the below guardianship documents are available for public inspection:
- Order Appointing Guardian
- Letters of Guardianship
- Orders Assuming Jurisdiction over a Fiduciary Estate other than Guardianship
- Modifications to the orders listed above
Pursuant to Maryland Rule 16-914, all other guardianship documents are confidential and only available for inspection by individuals who are a party to the case. If you are not a party to the guardianship case and seek access to confidential documents, you must petition the Court for permission.
Note: If you are not a party to a guardianship case you must petition the Court for access to documents other than those listed above.