Guardianship in Baltimore City, MD

Legal help with guardianship for Baltimore City, Maryland residents from The Law Office of Thomas K. Mallon in Towson.

Service areas / Baltimore City / Guardianship

The Law Office of Thomas K. Mallon, LLC provides guardianship assistance for people in Baltimore City. The information below explains the issues to discuss with an attorney and connects you with the firm’s original Maryland service guide.

Working with our Towson office from Baltimore City

Baltimore City is a Maryland jurisdiction served by the Towson office. The Law Office of Thomas K. Mallon, LLC serves this area from 1107 Kenilworth Drive, Suite 305, Towson, MD 21204. This is the firm’s Towson office, not a separate office in this community.

Maryland law applies throughout the service area. Where a matter must be filed depends on the type of proceeding and the facts, not simply on the location of the attorney’s office. Discuss residence, existing orders, and any pending case at your consultation.

Read the Baltimore City service-area guide for the original local context.

Guardianship is what happens when an adult can no longer make decisions for themselves and has not signed the documents that would let someone act on their behalf. It is a court proceeding, it is public, and it is more burdensome than the alternatives. It is also sometimes unavoidable.

Two kinds

Guardianship of the person covers decisions about where someone lives, their medical care and their daily welfare.

Guardianship of the property covers their money and assets: paying bills, managing accounts, protecting property.

They are separate appointments. A court may order one without the other, and they can be held by different people.

What a court requires

Guardianship removes rights from an adult, so courts do not grant it lightly. The petitioner has to show that the person lacks sufficient understanding to make or communicate responsible decisions, and that no less restrictive alternative will meet the need. Medical evidence is required, the person is entitled to notice and to be heard, and they may be represented by counsel.

That last requirement matters: if a valid power of attorney or advance directive already exists and is working, a court will generally say the less restrictive alternative is already in place.

Guardianship of a minor

A separate situation, arising when a child’s parents have died, are unable to care for them, or their rights have been terminated. The standard is the child’s best interests.

The ongoing obligation

Appointment is not the end of it. A guardian of the property files an inventory and periodic accountings with the court and remains answerable for how the money was handled. A guardian of the person reports on the individual’s condition and circumstances. These duties continue for as long as the guardianship does, and they are the part people least expect.

How to avoid needing one

Most adult guardianships in Maryland could have been prevented by two documents signed while the person still had capacity:

A durable power of attorney, so someone can manage finances
An advance directive, so someone can make health care decisions

Between them they cover almost everything a guardianship would, without a court, without the public filing, and at a fraction of the cost. For a family member with a disability, a special needs trust handles the financial side without disturbing benefits.

The window for signing those documents closes when capacity does. That is the whole argument for doing it early.

Official resources

Talk with a Towson attorney

The Law Office of Thomas K. Mallon, LLC offers a free consultation. Call (410) 847-9075 or request a consultation online. The office is at 1107 Kenilworth Drive, Suite 305, Towson, MD 21204.

This page provides general information about Maryland law. It is not legal advice, and reading it does not create an attorney-client relationship. Maryland law changes, and how it applies depends on the facts of your situation.

Guardianship resources

Read the full Maryland guardianship guide. Bring relevant agreements, court papers, financial records, and a list of questions that relate to your situation. If you have received papers with a deadline, tell the office when you contact us.

Other services in Baltimore City

Discuss your situation

or call (410) 847-9075. Advice about your particular matter requires a consultation. Reading this page does not create an attorney-client relationship.

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