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The first step in proving incapacity in Maryland is to provide the court with two physician's certificates. The physician's certificates show that the physician has examined the alleged incapacitated adult and provides evidence of the condition that result from the incapacity.

In Maryland, guardianship determinations are made by a judge, and depending on the nature of the petition, the petitioning process can take somewhere from a few months to a year before an individual is appointed.

File for Guardianship ? The completed petition and required exhibits should be filed with the Clerk of the Court in the appropriate court. Where to File for Guardianship ? If the alleged disabled person lives in Maryland, file in the circuit court in the county (or Baltimore City) in which they are living.

Begin the guardianship process by filing a petition asking the court to appoint a guardian for the person in need. You can download the petition form ? look for form CC-GN-002 -- from the Maryland Court's website at .mdcourts.gov. Step by step instructions on how to fill out the form are also online.

Legal guardianship can be obtained through Family court or if the child is in foster care, guardianship is obtained in Juvenile court. The guardianship assistance program (GAP) is only available to relative caregivers who have assumed guardianship to a child committed to state or in foster care.

To become a guardian of a minor in Maryland, an individual has to petition the court; that requires notification of all interested parties of a child that they are petitioning the court. Typically, the court then allows a period for other individuals to object to the appointment.