This fact sheet defines the provisions of most standby guardian laws. Additionally, it broadly defines: how to establish a standby guardian, who can nominate a standby guardian, how the guardian s authority is activated, the involvement of the non-custodial parent, the relationship between authority of the parent and the standby, and withdrawing guardianship.
Maryland Standby Guardianship Guide
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Multi-State
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US-ADOP6
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FAQ
(Md. Rule 10-111) INSTRUCTIONS 1. Use this form of petition when a guardianship of a minor is sought, even if the minor also is disabled. 2. If the subject of the petition is not a minor, use the form petition set forth in Rule 10-112.
For a minors without a disability, the guardianship ends when the minor turns 18, becomes emancipated, or dies. For minors with a disability who turn 18, you or another interested person can file for guardianship of an alleged disabled person.
When a person is facing an emergency situation and is temporarily unable to make decisions on their own behalf, a short-term or temporary guardian may be court appointed to make necessary decisions for a period of time. The guardian is typically a family member or close friend.
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.
Terms of a custody agreement can also define other aspects of care, such as medical and education expenses and other financial obligations as well as shared living arrangements. Legal guardianship is what a court may grant someone other than a biological parent. It would give an adult the right to care for a minor.
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. Once the guardianship is finalized through juvenile court, the foster care subsidy ends. Legal guardians are not legally responsible to support the child.
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.
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.