guardianship lawyer Maryland, MD
Guardianship in Maryland is a court process that appoints a responsible adult or entity to manage the personal needs or financial affairs of a minor child or an incapacitated adult. Governed by the Maryland Estates and Trusts Article, guardianship proceedings require a petitioner to demonstrate to a circuit court why appointment of a guardian is necessary and why the proposed guardian is suitable. Mr. Sris and the firm’s Of Counsel attorneys represent clients throughout Maryland in guardianship matters, including petitions for guardianship of the person, guardianship of the property, and contested guardianship objections. Whether you are seeking to establish a guardianship for an aging parent, a child whose parents are unavailable, or an adult with a disability, experienced legal guidance helps ensure the petition is properly prepared and the hearing proceeds efficiently. To discuss a specific guardianship matter, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Guardianship Means in Maryland
Under Maryland law, guardianship is a formal legal arrangement overseen by the circuit court in the county where the subject of the guardianship resides. Maryland’s Estates and Trusts Article (§ 13-101 et seq.) distinguishes between two principal roles: guardian of the person and guardian of the property. A guardian of the person manages the daily living, healthcare, and placement decisions for a minor or an incapacitated adult. A guardian of the property, sometimes referred to as a guardian of the estate, handles financial matters and safeguards the individual’s assets. A court may appoint the same person to both roles or assign them to different individuals when circumstances warrant.
Maryland circuit courts are the primary venues for guardianship petitions. For example, the Circuit Court for Montgomery County, the Circuit Court for Prince George’s County, and the Circuit Court for Howard County each maintain family and probate dockets that hear guardianship matters. The court will evaluate medical or psychological evidence, the proposed guardian’s background, and whether less restrictive alternatives exist before granting an order. The firm’s Rockville location serves clients across the state, appearing in circuit courts from Frederick to Anne Arundel and beyond. Because each county may apply local procedures and scheduling practices, familiarity with the particular court is a meaningful advantage for the petitioner or for anyone opposing a guardianship petition.
How Mr. Sris and His Of Counsel Handle Guardianship Cases
Mr. Sris and the firm’s Of Counsel attorneys approach guardianship cases with a focus on thorough preparation and clear presentation of the evidence the court requires. For a petitioner, this means gathering the necessary financial records, medical or psychological evaluations, and documentation of the proposed guardian’s suitability. For a family member or interested party contesting a guardianship, the firm identifies deficiencies in the petition, explores less restrictive alternatives such as a power of attorney or supported decision-making arrangement, and advocates at any contested hearing.
The process generally begins with a review of the individual’s circumstances and the urgency of the need for a guardian. After determining whether guardianship of the person, the property, or both is appropriate, the firm prepares and files the petition in the appropriate circuit court, ensures proper notice to all interested persons, and represents the client at the hearing. Many Maryland guardianship cases conclude without a contested trial when the proposed guardian and family members agree, but when disputes arise the firm’s attorneys are prepared to litigate the matter. Because every case turns on its particular facts, Mr. Sris and his Of Counsel work to build a record that addresses the statutory factors a Maryland court weighs in deciding whether to grant or deny the petition.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He founded the firm in 1997 and has handled family law matters, including guardianship proceedings, across multiple jurisdictions. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His experience in trial advocacy and court procedure informs how the firm prepares guardianship cases for a Maryland circuit court hearing.
Mr. Sris and his Of Counsel bring extensive combined legal experience. Results may vary. The firm’s Of Counsel attorneys are independent practitioners, not employees, and they work collaboratively with Mr. Sris to address each client’s matter. The firm’s Rockville location serves families and individuals throughout Maryland, from the Baltimore suburbs to the Washington, D.C. Metropolitan area. Whether a guardianship is uncontested or sharply disputed, the team draws on decades of courtroom practice to present a clear case to the court.
Frequently Asked Questions
What is guardianship in Maryland?
Guardianship is a court-ordered relationship in which a person or entity is given legal authority to make decisions for a minor or an incapacitated adult who cannot manage their own affairs. Maryland law recognizes two separate appointments: guardian of the person, who handles daily care and medical decisions, and guardian of the property, who manages finances and assets. The same person may serve in both capacities, or the court may appoint different guardians when it serves the best interests of the subject. Proceedings are governed by the Maryland Estates and Trusts Article and filed in the circuit court of the county where the individual lives.
Do I need a lawyer to file for guardianship in Maryland?
You are not legally required to hire a lawyer, but navigating Maryland’s guardianship statute and circuit court rules without legal guidance is difficult and can lead to unnecessary delay or dismissal. A guardianship petition must include detailed factual allegations, a physician’s certification, and a clear statement of why less restrictive options are insufficient. An experienced attorney ensures the petition complies with the Maryland Rules, arranges proper notice to all interested persons, and presents evidence at the hearing in a way that addresses the statutory factors the court considers. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
How does the guardianship process work in Maryland?
The typical process begins with filing a verified petition in the circuit court of the county where the alleged disabled person resides, followed by service of process on the individual and all interested family members. The court will schedule a hearing where the petitioner must prove, by clear and convincing evidence, that the individual lacks capacity and that guardianship is the least restrictive alternative. Medical or psychological evidence is normally required. If the court grants the petition, it issues an order appointing the guardian and may require periodic accountings or status reports. The timeline depends on the court’s calendar and the complexity of the matter.
What is the difference between guardian of the person and guardian of the property?
A guardian of the person is responsible for the physical well-being of the individual—deciding where they live, arranging medical care, and managing day-to-day needs—while a guardian of the property manages the individual’s finances, bills, investments, and real estate. In many Maryland cases, one family member serves in both roles, but the court may split the appointments if it finds that combining them would create a conflict. Each role carries its own reporting obligations and legal duties, and a guardian of the property typically must post bond unless the court waives it. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can a guardianship be contested in Maryland?
Yes, an interested party—such as a family member, the individual subject to the petition, or a current fiduciary—may file an objection challenging the need for a guardianship, the suitability of the proposed guardian, or the scope of the requested powers. The court will hold a contested hearing where both sides present evidence. The party supporting the guardianship bears the burden of proof. Common objections include insufficient medical evidence, the availability of a less restrictive alternative like a durable power of attorney, or a conflict of interest on the part of the proposed guardian. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Related practice area pages: Family Law Lawyer Montgomery County, MD | Family Law Lawyer Prince George’s County, MD | Family Law Lawyer Howard County, MD | Family Law Lawyer Anne Arundel County, MD
Authoritative Maryland legal resources: Maryland Courts | Maryland Code (Estates and Trusts Article)
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