When a person is unable to care for themselves, a court in DC or Maryland may appoint a guardian to manage their medical care, finances, and other aspects of their life. A guardian has a substantial amount of authority over this person, known as the “ward.” The law therefore holds them to a very high standard to manage the ward’s affairs. Designating someone to act as one’s guardian, or the guardian of one’s minor children, is an important part of the estate planning process. Without that designation of guardian, a court may have to designate someone as a guardian after guardianship becomes necessary. An estate planning attorney with knowledge of the laws in DC and Maryland can advise you on how to plan for the possibility that you might need a guardian, or on what to do if a loved one is in need of a guardian.
The term “guardianship” refers to the legal authority to make important decisions for another person about their finances, healthcare, and other important aspects of their lives.
A guardian for an adult is necessary when that person is not able to make decisions for themselves because of illness or injury, such as:
This process is different from using a power of attorney to designate someone to make financial, legal, medical, and other decisions for a person. The court is involved in guardianship proceedings, and will expect regular reports and updates from the guardian. Serving as an attorney-in-fact under a power of attorney usually requires fewer formalities. A person can sign powers of attorney and designate guardians for themselves and their children as part of their estate plan.
While guardianship of an adult is handled by probate courts in Maryland and DC, guardianship of a child is considered a family law matter. We do not practice family law, but if you have questions about guardianship of a child, J Williams Law can refer you to a family law practitioner with experience in this area of law.
A guardian for a minor child is necessary when no parent is capable of making decisions or providing for the child. This may occur when the child’s parents are missing or suffering from any of the conditions described above.
Since children cannot legally consent to a contract, they cannot sign a power of attorney or designate a guardian. Their parents, or whoever legally has care of them, can designate a guardian for them.
The terms “guardian” and “guardianship” do not have the same meanings in DC and Maryland. A guardian in Maryland may handle all of a ward’s affairs, both financial and non-financial:
DC law divides these functions between “guardians” and “conservators”:
A potential ward can designate anyone over the age of eighteen to serve as their guardian, or the guardian of their children. People often designate a spouse, other family member, or friend as a guardian in the event of incapacitation. A person must be competent to take care of themselves in order to serve as a guardian. In Maryland, they must attend an orientation and complete a training program.
A court may not allow a ward’s designated guardian to serve because of factors that weigh against their capability or trustworthiness. This also applies in proceedings where someone is seeking appointment for someone who never designated a preferred guardian. A court may conclude, for example, that multiple bankruptcies reflect poorly on someone’s ability to manage another person’s financial affairs. Criminal history could lead a court to conclude that a prospective guardian should not be left in charge of someone’s person or estate. In the absence of anyone known to the ward who could serve as guardian, the court may appoint a professional guardian certified by the state or district.
A guardian has a fiduciary duty to manage the ward’s affairs with a high level of care and diligence. This may include:
One person could serve as a guardian for all of a ward’s needs. This can be too big of a job in many cases, though. It is also common to have different people serve as guardian of the person and guardian of the estate in Maryland, or as guardian and conservator in DC.
Appointment as a guardian or conservator requires a court order. This can be fairly straightforward if the proposed ward designated a guardian prior to becoming incapacitated. The person seeking appointment must provide evidence that the proposed ward has become incapacitated, and that guardianship is necessary for their well-being. If any less-restrictive option is available, the court is likely to choose that over guardianship.
Once a petition for guardianship has been filed, the court will appoint someone to represent the proposed ward’s interests. They will visit their client to assess whether the person is incapacitated. If they agree that guardianship is needed, they may help the prospective guardian present their case to the court.
The person petitioning for appointment must show the court that they are competent to serve in that capacity, even if the proposed ward designated them in writing. Other interested parties may have an opportunity to contest guardianship, or to object to appointing the petitioner as guardian. Without consent to the petitioner’s appointment as guardian, the court may have to hold a trial.
An adult guardianship may be temporary if there is an expectation that a ward may recover their ability to handle their own affairs. A person in a coma, for example, could wake up and resume their life. With other conditions, unfortunately, recovery is unlikely.
Probate attorney Joyce Ann Williams represents individuals and families that need assistance with estate administration in the District of Columbia and Maryland. Please contact her at info@jwilliamslaw.com or at (301) 585-1970 to get additional information about her probate services.
© 2026 J Williams Law, LLC|Legal Disclaimer|Privacy Policy
Law Firm Website Design by The Modern Firm