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Modifying or Terminating a Guardianship

A guardianship can be modified or terminated by order of court. In order to obtain an order of court, the Guardian must file a Petition to the Court.

Termination Due to Death of the Disabled Person

The death of the disabled person is cause for termination of the guardianship. The guardian is required to notify the Trust Office of the date of death as soon as possible. The documents required to be filed by the guardian of the property to terminate the guardianship pursuant to Maryland Rule § 10-710 are:

  • A final accounting covering the period from the close of the last accounting filed through the date of death that includes the proposed final distribution of any remaining assets in the fiduciary estate;
  • A Petition to Terminate Guardianship with an accompanying proposed order; and
  • A copy of the Certificate of Death.

These documents are due to be filed with the Trust Office within 45 days after the date the guardian discovers that the disabled person has died. Upon receiving notification of the death, the Trust Office will send to the guardian a cover letter with an Annual Fiduciary Report form and a sample petition and proposed order. If the guardian is under bond, a copy of the signed Order terminating the guardianship once received by the guardian should be included with the request made by the guardian to the bonding company to discontinue the bond. Probate proceedings for the estate of the deceased disabled person may be commenced in the applicable jurisdiction on the date of death.

For additional information concerning probate proceedings for the estate of the deceased disabled person in Montgomery County, contact the Register of Wills at 240-777-9600 or in person at:

Montgomery County Office of the Register of Wills
50 Maryland Avenue
North Tower, 3rd floor, Rm 3220
Rockville, Maryland 20850

Termination Due to Minor Reaching the Age of 18

A minor reaching his/her age of majority, which is 18 years of age, is cause for termination of the guardianship of the minor. The documents required to be filed by the guardian of the person and/or property of a minor to terminate the guardianship are:

  • A final accounting covering the period from the close of the last accounting filed through the date of majority (property);
  • A Petition to Terminate Guardianship with an accompanying proposed order;
  • A copy of the Certificate of Birth; and
  • A completed Receipt and Release Form (property).

The Receipt and Release Form serves to document the final distribution of the remaining assets in the fiduciary estate to the now former minor unto his/her own right. The amount to be entered in the blank space provided on the Receipt and Release form should generally equal the total assets at the end of the period reported in the final accounting. The now former minor is required to sign the form before a notary public, thereby acknowledging receipt of the assets previously held in trust by the guardian.

Download the Receipt and Release Form (PDF)

The documents are due to be filed with the Trust Office within 45 days after the date of majority. On the first day of the month in which the minor turns 18, the Trust Office will send to the guardian a cover letter with a blank Annual Fiduciary Report, a sample of the petition and proposed order and a blank Receipt and Release Form. If the guardian is under bond, a copy of the signed Order terminating the guardianship once received by the guardian should be included with the request made by the guardian to the bonding company to discontinue the bond.

Termination Due to Minor Reaching the Age of 21

For Special Immigration Cases, majority is at the age of 21 instead of 18. When the former minor reaches the age of 21, the guardian is required to file a Petition to Terminate with Copy of the former minor’s Certificate of Birth.

Termination Due to Relocation from Montgomery County

If a guardian and disabled person or minor relocate to another county in Maryland and no guardianship property remains located in Montgomery County, Maryland, a petition with an accompanying proposed order requesting that the guardianship case be transferred to the new county may be filed.

Download the sample Petition to Transfer Guardianship of the Person and Property to Another County (MS Word)

If the guardian and disabled person or minor relocate outside of Maryland and no guardianship property remains located in Montgomery County, Maryland, then a Petition to transfer the guardianship to another state provisionally should be filed with the Montgomery County Circuit Court, and a Petition to terminate the guardianship needs to be filed after the guardianship is accepted by the Court to which the proceeding will be transferred according to the Annotated Code of Maryland Estates and Trusts Article §13.5-301.

Download the sample Petition to Transfer Guardianship of the Person and Property to Another State (MS Word)

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