Whether you're caring for an aging parent, a disabled adult, or a minor in need of stability, looking for guardianship for a loved one is never an easy decision. With 20 years of experience, Colbert Law Firm’s guardianship attorneys are here to relieve you from the hassle of handling the complex guardianship process. Our focus is always to protect your loved one’s rights and ensure you're in full compliance.
What Is a Guardianship?
Guardianship is a legal arrangement where a court appoints a person (the guardian) to make decisions on behalf of another person (the ward), who is unable to manage their own personal or financial affairs because of incapacity, disability, or minority. Guardianships become necessary when a person lacks the ability to make informed decisions regarding their health, finances, or general welfare. They are also essential when there’s no valid power of attorney or advance directive is in place.
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Different Types of Guardianship
1. Full Guardianships
A full guardianship grants the guardian broad authority to make nearly all personal and financial decisions for the ward. In Maryland and D.C., this is appointed only when the court finds the individual completely incapable of managing any aspect of their life.
2. Limited Guardianships
In both jurisdictions, the court prefers limited guardianships when appropriate. They allow the guardian to make decisions in specific areas (such as medical care or finances), while the ward retains rights in other areas. Maryland courts usually favor this option to preserve the ward’s autonomy.
3. Co-guardianships
Courts in Maryland and D.C. may appoint two or more people to share guardianship responsibilities. This arrangement is ideal when decision-making needs to be collaborative; for example, when siblings wish to share guardianship of a parent.
4. Guardianship of an Estate
This type of guardianship pertains strictly to managing the ward’s finances and assets. It’s commonly used when the individual can handle personal affairs but not complex financial decisions. In Maryland, the guardian must submit annual accountings to the Orphans’ Court and comply with strict fiduciary obligations.
5. Guardian Ad Litem
In certain cases, especially contested ones, the court may appoint a Guardian Ad Litem (GAL), who’s an lawyer for legal guardianship to represent the ward’s best interests during the legal proceedings. This is more common in D.C., especially in adult guardianship hearings involving disputes.
What Is Required for Legal Guardianship in Maryland and D.C.?
Each jurisdiction has its own process. In Maryland, a petition is filed in the Circuit Court for the county where the alleged disabled person resides. Two licensed professionals (usually physicians or psychologists) must certify that the individual lacks capacity. The alleged disabled person is then notified and has the right to attend the hearing, retain counsel, and contest the petition. A court hearing is held to determine if guardianship is necessary and who is suitable. On the other hand, in Washington, D.C., a petition is filed in the Probate Division of the D.C. Superior Court. The petitioner must provide medical documentation from a licensed healthcare provider. The court appoints a visitor and examiner to evaluate the case, and a hearing date is scheduled. D.C. courts place heavy emphasis on the “least restrictive alternative,” meaning guardianship is granted only if no other options (like a power of attorney) are viable.
Different Types of Guardianship
At Colbert Law Firm, our guardianship attorneys guide clients through every step of the guardianship process, including:
- Preparing and filing petitions
- Collecting and submitting medical certifications
- Representing you at hearings
- Navigating court‑imposed responsibilities like annual reporting
- Advising on alternatives to guardianship when applicable
We can also help you contest inappropriate guardianships or advocate for less restrictive options.
