When a loved one is unable to make important life decisions due to a disability, establishing guardianship can be a vital step toward ensuring their safety, stability, and well-being. At Rodier Family Law, we regularly assist families with guardianship proceedings for disabled adults—offering compassionate guidance and clear legal support during what can be a challenging and emotional process.

What Is Adult Guardianship?

Guardianship is a legal arrangement in which one person (the guardian) is appointed by the court to make decisions on behalf of another person (the disabled adult) who cannot manage their own personal and/or financial affairs. In Maryland, there are two main types of adult guardianship:

• Guardianship of the Person: This allows the guardian to make decisions about the disabled person’s healthcare, housing, and daily care.
• Guardianship of the Property: This gives the guardian authority to manage the disabled person’s financial affairs, including income, expenses, and assets.

Some situations may call for both types of guardianship, depending on the needs of the individual.

When Is Guardianship Necessary?

Guardianship is typically considered when an adult has a physical or mental disability that significantly impairs their ability to make informed decisions and there is no lesser restrictive alternative. Common scenarios include:

• A young adult with a developmental disability 
• An adult with a traumatic brain injury or mental illness
• An elderly relative experiencing cognitive decline, such as dementia or Alzheimer’s

In these cases, guardianship can provide essential legal authority to act in the individual’s best interest—especially when no power of attorney or advance directive is in place.

The Guardianship Process in Maryland

Establishing guardianship requires a formal court process. While every case is unique, the general steps include:

1. Filing a Petition: This begins the legal process and outlines why guardianship is needed.
2. Medical Certification: Maryland law requires at least two professionals (usually physicians or psychologists) to submit affidavits confirming the individual’s incapacity.
3. Court Hearing: A judge reviews the case and hears from all involved parties—including a court-appointed attorney for the disabled adult—before making a determination.

This process ensures that guardianship is granted only when truly necessary and in the least restrictive way possible.

Alternatives to Guardianship

Before pursuing guardianship, it’s important to explore less restrictive alternatives that may meet the individual’s needs, such as:

• Power of Attorney
• Healthcare Directives
• Representative Payee arrangements for benefits

However, if a person lacks the capacity to execute these documents voluntarily, guardianship may be the only viable option.

Why Early Planning Is Critical

Proactively addressing guardianship needs before a crisis can help families avoid delays, legal complications, or emergency petitions. Establishing guardianship allows you to make thoughtful, informed decisions rather than scrambling in a moment of distress.

We’re Here to Help

At Rodier Family Law, we understand how deeply personal these cases are. Whether you’re caring for an adult child with special needs or supporting an elderly loved one, we’re here to walk with you through each step of the guardianship process. Our team is committed to helping families protect their most vulnerable members with clarity, compassion, and care.