When A Court Appoints A Guardian
Est. & Trusts § 13-705 — clear and convincing evidence, and no less restrictive form of intervention
Clear and convincing. A guardian of the person is appointed only if the court determines from clear and convincing evidence, among other things, that no less restrictive form of intervention is available that is consistent with the person's welfare and safety.
A closed hearing. The issue may be decided at a closed hearing without a jury if the person alleged to be disabled or their counsel asks, and all hearings are confidential and sealed unless a court orders otherwise for good cause.
Guardians for minors, emergency and temporary appointments, the guardian's duties and reports, and how a guardianship is ended or changed are set out in other sections and are not on this page. Whether a particular person needs a guardian is decided by a court on evidence, and is a question for a licensed Maryland attorney.
Sources for this section (1)
- Md. Code, Est. & Trusts § 13-705 — Guardianship of the person of a disabled person
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.