Maryland: Adult Guardianship and Conservatorship Petition Requirements

Requirements one by one

Proceeding and state terminology

Maryland keeps guardianship of the person and guardianship of the property as
separate legal tracks. Rules 10-201 and 10-301 nevertheless point both adult
requests to the same official verified petition, CC-GN-002. The filer checks
person, property, or both, so a combined case does not require two petition
forms.

Who may file and where

Rules 10-201 and 10-301 allow an “interested person” to file. Md. Code, Estates
and Trusts § 13-101(k) ties that status to the adult's guardian and heirs,
government benefit agencies, and people or agencies eligible to serve under
§ 13-707. A person outside the listed categories may need the court to recognize
that person's status rather than assuming any concerned acquaintance has
standing.

Venue depends on the authority requested. A person petition for a Maryland
resident goes where the adult resides or has been admitted to a qualifying
non-State hospital; a nonresident person petition goes where the adult is
physically present. A property petition for a resident goes where the adult
resides even during a temporary absence. For a nonresident, Rule 10-301 also
allows the county where property is located.

What the petition must contain

Form CC-GN-002 requires names and contact information for the petitioner, adult,
and proposed guardian; the petitioner's relationship; interested persons; the
people with whom the adult has lived during the last five years; and a functional
description of the alleged disability. The filer states concrete facts for the
person, property, or both standards and describes less restrictive alternatives
attempted and failed.

A property request adds the adult's property interests, locations and values,
plus the petitioner's own interest. The form also asks about existing guardians
or conservators and all other proceedings concerning the adult. Required
attachments include any guardian nomination, power of attorney, supported
decision-making agreement, and the competency evidence.

Proof required for appointment

For personal authority, § 13-705(b) requires clear and convincing evidence of
functional inability to make or communicate responsible decisions about health
care, food, clothing, or shelter. The court must also find that no less
restrictive intervention consistent with welfare and safety is available.

For property authority, § 13-201(c) requires inability to manage property and
affairs effectively for a listed reason and property or benefits requiring
proper management. That section does not name a burden of proof, so the
property row does not import the personal track's express clear-and-convincing
standard.

Alternatives the court must address

The less-restrictive finding is an express condition of person guardianship,
not a suggestion. Form CC-GN-002 separately makes the petitioner describe
alternatives attempted and failed for both person and property requests.

The property statute has another narrower tool. Under § 13-204(a)-(b), the circuit
court may authorize a transaction, service, or care arrangement without
appointing a continuing guardian and must consider whether the property needs
continuing guardianship protection.

Notice, service, and hearing timing

Current Rule 10-203 requires Rule 2-121(a) service of the show-cause order on
the adult and a person having care or custody, with an Advice of Rights for the
adult. Interested persons receive the notice that directs objections and other
participation under the dates in the attached show-cause order. The current rule
does not state one universal minimum number of lead days for every ordinary
adult case.

Rule 10-205 creates a separate 10-day deadline to request live testimony from a
health professional whose certificate otherwise comes in as substantive
evidence. If trial is less than 10 days after the response due date, the request
may be filed any time before trial. Section 13-705(f) requires expedited handling
when the person petition is connected to medical treatment.

Counsel and hearing rights

Rule 10-106 requires prompt appointed counsel after a petition for person,
property, or both unless the adult already has chosen counsel. For a person
petition, Rule 10-205 sets the case for jury trial, which the adult or counsel
may waive before trial.

The full person-proceeding rule, § 13-705(a)-(f), also supplies the certificate,
counsel, hearing-rights, and expedited-treatment provisions. Subsection (e)
entitles the adult to attend unless presence is knowingly and
voluntarily waived or impossible because of incapacity; nonappearance alone
does not establish either ground. The adult may present evidence and
cross-examine witnesses. The adult or counsel may request a closed nonjury
hearing, and the statute keeps hearings confidential and sealed unless a court
orders otherwise for good cause. If disability prevents courthouse attendance,
Rule 10-205 permits trial at a reasonably accessible place.

Medical evidence or court investigator

The ordinary clinical filing is two signed, verified competency certificates:
two physicians, or one physician plus a psychologist, licensed certified social
worker-clinical, or nurse practitioner. At least one examination or evaluation
must occur within 21 days before filing. Rule 10-301 substitutes specified
affidavits or exhibits for a property petition based on imprisonment, foreign
detention, or disappearance.

An investigator is possible but not automatic. Rule 10-106.2 lets the court
appoint a specially qualified independent investigator for particular questions
about whether guardianship is needed or whether a proposed guardian is suitable.

Limits on the order

Md. Code, Estates and Trusts § 13-708(a) permits only personal powers necessary for
the adult's demonstrated need. The court may limit the appointment to one or
more health-care decisions or, when disability probably will cease, to no more
than one year. Under § 13-706(b), appointment itself is not evidence of
incompetency and does not modify a civil right unless the court orders that
change.

Emergency relief stays separate from this ordinary case. Md. Code, Estates and
Trusts § 13-203(a)-(b) permits
interim property protection only on specific affidavit facts showing immediate,
substantial, irreparable injury before an adversary hearing. The separate process
in § 13-709(b)-(c) uses
a distinct emergency-protective-services process, clear and convincing proof,
and only services necessary to remove the emergency conditions; it can include
a temporary guardian for the approved services.

What trips people up

The two tracks do not use identical standards merely because they share Form
CC-GN-002. Clear and convincing evidence and the statutory no-less-restrictive-
intervention bar are express features of § 13-705's person track. Section
13-201's property test does not name that burden, while the form and § 13-204
still make alternatives and narrower transaction relief important.

The competency filing is not one generic doctor's letter. Maryland ordinarily
requires two qualifying certificates, and at least one evaluation must fall
within the 21-day prefiling window.

Common questions

Can the same petition ask for personal and financial authority?

Yes. CC-GN-002 has boxes for person, property, or both. The filer must still
prove the separate legal standard for each authority requested.

Is a diagnosis enough to obtain guardianship?

No. The statutes ask whether the adult meets a functional personal or property
standard. For person guardianship, the court also must find no consistent,
less restrictive intervention is available.

Must the adult use the court-appointed attorney?

No. Rule 10-106 makes appointment the default only when the adult does not
already have an attorney of the adult's own choice.

Can a certificate's author be required to testify?

Yes. Under Rule 10-205, an eligible interested person or the adult's attorney
may request the health professional's appearance, ordinarily at least 10 days
before trial.

Statutes and sources

• Md. Code, Estates and Trusts §§ 13-101, 13-201, 13-203, 13-204, and
  13-705 through 13-709. Interested-person definition; person and property
  standards; narrower property relief; counsel and hearing rights; retained
  rights; limited powers; and emergency boundaries. Official Maryland
  General Assembly statutes
  (accessed July 18, 2026).
• Md. Rules 10-106, 10-106.2, 10-201 through 10-205, and 10-301. Standing,
  venue, service, appointed counsel, jury and certificate procedures,
  discretionary investigator, and property exhibits. Current Maryland Code
  and Court Rules
  (accessed July 18, 2026).
• Form CC-GN-002 (Rev. 07/2024). Mandatory verified adult petition for
  person, property, or both. Official Maryland Judiciary form
  (accessed July 18, 2026).