There may come a time when an adult can’t make decisions for themselves. At that point, a guardianship might be necessary. This enables one individual to legally make decisions for another.
Maryland recognizes two primary types of guardianships for adults: guardian of the person and guardian of the property.
Guardian of the person
A guardian of the person can make decisions about the person’s well-being and daily life. This includes decisions about medical care, personal needs, housing and nutrition. These decisions must be in line with what the individual would make if they had the mental and physical ability to make those decisions.
Guardian of the property
A guardian of the property handles financial matters. They must manage income, pay bills, protect assets and ensure that the person’s finances are used appropriately for their benefit. Being appointed as guardian of the property requires the person to file regular reports and accountings to show how money is being managed.
Guardianship appointments
In some cases, the court may appoint the same person to serve in both roles, or split the responsibilities between two different people or entities. Medical evaluations are required to prove the adult’s inability to make responsible decisions. Maryland law strongly favors less restrictive alternatives, such as powers of attorney or supported decision-making, so guardianship is usually considered a last resort.
Once appointed, guardians must follow court rules and act in the best interests of the person under their care. While the role can be demanding, it provides important legal structure for protecting vulnerable adults when they can no longer protect themselves.
