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Guardianship Forms, Sample Petitions, & Orders

Forms Used for Guardianship Reporting

Guardian of the Person of a Disabled Person or a Minor:

Guardian of the Property of a Disabled Person or a Minor:

Sample Petitions

Generally, a Petition with the Court requesting authorization from or a ruling by the Court is required to be filed for requests for a specific action.

The Court allows 18 days if the copy of the Petition is sent to the interested person(s) by mail, or 15 days if delivered in person, for the interested person(s) to file an opposition or otherwise respond to the Petition before the Court rules on the Petition. A Judge will rule on the Petition and either approve or deny it on the proposed order as submitted or as modified by the Judge or require that a hearing be held concerning the Petition. The executed Order or, if applicable, notice of hearing, will be mailed to the petitioner.

Matters requiring authorization from the Court for which the guardian or property is required to file a Petition include:

  • Disbursement of guardianship funds requiring prior authorization from the Court;
  • Transactions previously ordered by the Court in the specific guardianship case to require prior Court authorization such as the sale of real property;
  • An additional extension of time to file a guardianship report;
  • An extension of time to file an amended guardianship report and/or additional information and documentation pertaining to a report as requested by the Trust Clerk;
  • An extension of time to file a bond;
  • An extension of time to file an Acknowledgment of Deposit of Restricted Funds Form;
  • An extension of time to file a Appointment of Resident Agent Form;
  • The termination of the guardianship;
  • Any action that may require Court consent due to issues of uncertainty or conflict that may exist with a related or interested person(s); and/or certain matters requiring authorization from the Court for which a petition is required to be filed by the guardian of the person of a disabled person, including any change in the classification of abode; for example, from a private home to assisted living or to a nursing home (for additional information and exceptions, see the Annotated Code of Maryland, Estates and Trusts Article § 13-708)

The first section of the Petition should include:

  • Identity of the petitioner and pertinent background or historical data related to the specified action;
  • Description of the specified action;
  • Justification for the specified action; and
  • Summary of the action requested and an affirmation statement and signature of the petitioner.

The format of the Petition generally is double-spaced, numbered paragraphs. Supporting documents are attached as exhibits.

The second section of the Petition is a Certificate of Service also signed by the petitioner in which the petitioner certifies that he/she has provided by mail or delivery a copy of the Petition on the day stated to the interested person(s) listed.

An accompanying proposed order is required to be filed with the Petition.

A few sample petitions are posted below to be used as reference. Please note that the sample petitions are provided to show guardians the format and not to be used word for word. Guardians should make applicable edits to the sample petitions to match with their cases.

Download the Petition for Appointment of Co-Guardian (MS Word)

Download the Petition to Pay Counsel Fees (MSWord)

Download the Petition for Approval of Attorney’s Fees Paid (MS Word)

Download the Petition to Waive Bond (MS Word)

Download the Petition to Resign and Appoint Substitute Guardian (MS Word)

Download the Petition to Extend Time to File Annual Fiduciary Report* (MS Word)

Download the Petition to Extend Time to File Inventory & Information Report* (MS Word)

Download the Petition to Transfer Case to Another State (MS Word)

Download the Petition to Transfer Guardianship to Another County (MS Word)

* An extension of time to file the Inventory and Information Report, Annual Fiduciary Report, or Annual Report for 30 days past the original due date may be granted by the Trust Office upon receipt from the guardian of a written request stating reasonable cause. An additional extension of time over 30 days will require the filing of a petition with an accompanying proposed order to be ruled on by the Court.

Orders

Download the Order Appointing Guardian of the Property of a Disabled Person (PDF)

Download the Order Appointing Guardian of the Property of a Disabled Person (Solely as a result of a physical disability) (PDF)

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