INSTRUCTIONS FOR COMPLETING PETITION FOR

INSTRUCTIONS FOR COMPLETING PETITION FOR GUARDIANSHIP OF THE

PERSON AND / OR PROPERTY OF A MINOR (CC-GN-001)

(Md. Rule 10-111)

Before completing the Petition for Guardianship of Minor, review the General Instructions (form CC-DRIN)

in addition to these instructions. These instructions will assist you and are for informational purposes only.

They are not intended as legal advice.

WHO SHOULD USE THIS FORM?

Use the Petition for Guardianship of Minor (form CC-GN-001) if you are asking the court to appoint you or

someone else as a guardian of the person or property of a minor (a child under 18), and you do not have a

lawyer. These instructions answer questions including:

WHAT IS GUARDIANSHIP? 1

WHO CAN FILE FOR GUARDIANSHIP? 1

HOW DO I FILE FOR GUARDIANSHIP OF A MINOR? 2

WHO CAN BE A GUARDIAN? 4

WHAT ARE THE GUARDIAN ORIENTATION AND TRAINING REQUIREMENTS 5

NOTE: Guardianship cases can be complicated. You may want to speak with a lawyer.

WHAT IS GUARDIANSHIP OF THE PERSON OR PROPERTY OF A MINOR?

Guardianship of the person: The court may appoint a guardian of the person of a minor if neither parent is

capable of serving as guardian of the person or no testamentary appointment (i.e., appointment by will) has

been made. If appointed, the guardian will make decisions about the minor’s health care, food, clothing,

shelter, and other subjects.

Guardianship of the property: A court will appoint a guardian of the property if it determines that:

1. the minor owns or is entitled to property (e.g., through inheritance, tort recovery (money from a

lawsuit for injuries or damages), insurance policy, etc.) that requires management or protection,

2. the minor needs funds for support, care, and education and protection is necessary or desirable to

obtain or provide funds.

If appointed, the guardian will determine whether the minor needs any distributions for the minor’s general

well-being or for educational purposes, and petition the court for permission to withdraw funds. The

guardian of the property may be required to post a bond.

Guardianship of the person and property: A person can be appointed to serve as guardian of both the

person and property of a minor.

WHO CAN FILE FOR GUARDIANSHIP?

Only interested persons can file for guardianship. Interested persons are defined by law. See paragraph 8 of

the Petition for Guardianship of a Minor (form CC-GN-001) for a list of interested persons.

If you are not an interested person, but are concerned about risks to the personal or financial well-being of

the minor if a guardian is not appointed, it is recommended that you speak with a lawyer.

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HOW DO I FILE FOR GUARDIANSHIP OF A MINOR?

If you are filing the guardianship case yourself, you are the petitioner. Use the CC-GN forms.

There are six (6) steps:

☐ STEP 1. Complete a Petition for Guardianship of Minor (form CC-GN-001).

• Parent’s Consent to Guardianship of a Minor – If the minor’s parents are alive, ask them to

consent (agree) to the guardianship by completing and signing the form Parent’s Consent to

Guardianship of a Minor (form CC-GN-007). Include the original form with your petition. If you

cannot get consent from a living parent because they cannot be contacted, located, or identified,

file the Affidavit of Attempts to Contact, Locate, and Identify (form CC-GN-010) with the court.

If there is another reason, file an affidavit with the court (a written statement made under oath)

stating why you could not get the parent’s consent.

• Designation of a Guardian of the Person – After a minor’s 14

birthday, the minor may

designate who they want as a guardian of the person.

Complete the Designation of a Guardian of the Person by a Minor (form CC-GN-008).

• Designation of a Guardian of the Property – After a minor’s 16

birthday, the minor may

designate who they want as a guardian of the property. Have the minor complete and sign the

Designation of a Guardian of the Property by a Minor or Disabled Person (form CC-GN-009).

Attach the original form to the petition.

CC-GN-001 Form tips:

• If you are a co-petitioner (another person joining the filing for guardianship of the minor),

complete and sign a Co-Petitioner Information Sheet (form CC-GN-018).

• Instruction 3: Similarly situated full siblings – means full siblings who need a guardian

appointed for the same reason(s).

• Paragraph 6: If you are asking the court to appoint another person as guardian of the person

or property, ask that person to complete and sign the Prospective Guardian Information Sheet

(form CC-GN-023) and file the original with your petition.

• Paragraph 7: List the name of someone over the age of 18 who does not live with the minor

and is not an interested person in the case. This is required so there is a neutral person the

court can contact.

☐ STEP 2. File for guardianship – File the completed petition and required exhibits with the clerk of

the court in the appropriate court.

Where to File for Guardianship

If you are requesting guardianship of the person and the minor lives in Maryland, file in the circuit

court of the county (or Baltimore City) in which the minor is living. Do not file in the county (or

Baltimore City) where you are living unless you live in the same county as the minor. If the minor

does not live in Maryland, file in the circuit court of any county (or Baltimore City) in which the

minor is physically present.

If you are requesting guardianship of the property of the minor, file in any county (or Baltimore City)

where the minor has property such as a house or bank account.

If you are requesting both guardianship of the person and property, file in the county (or Baltimore

City) in which the minor lives or is physically present.

You may also be able to file your case in the orphans’ court in the county (or Baltimore City) where the

minor lives, is physically present, or has property. Please note that a case that is filed in the orphans’ court

will be transferred to the circuit court if it is contested.

You must pay a filing fee. If you cannot afford the filing fees, ask the court to waive the fees at the beginning

of your case by filing a Request for Waiver of Prepaid Costs (form CC-DC-089) (See General Instructions

(form CC-DRIN) for more information on fees and court costs).

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The court will assign your petition a case number. It will also issue a show cause order that includes

• the date of the guardianship hearing (see STEP 6);

• the date by which service must be completed (see STEP 3); and

• the date by which the minor and interested persons need to respond or “show cause” as to why a

guardianship is not necessary or why a proposed guardian should not be appointed.

Remember the case number. Keep copies of the petition and all attachments.

☐ STEP 3. Service of process – Service of process is the way the court ensures that all necessary people

receive copies of your guardianship petition. Your case cannot move forward until proper service is made.

You must serve the minor, the parent(s), guardians(s), or other person(s) having care or custody of the

minor, the minor’s attorney if they have one, AND all interested persons (see Paragraph 8 of form

CC-GN-001 for a list of interested persons). If the minor lives with you, serve the minor and any additional

persons named by the court. Service on a minor who is under the age of ten may be waived as long as the

other service requirements are met (i.e., service is made upon the minor’s parent, guardian, or other person

who has custody of the minor, or another person if the minor lives with the petitioner).

Each person to be served must receive:

1) A copy of the petition;

2) Any papers filed with the court; and

3) The show cause order issued by the court.

Serve interested persons with a Notice to Interested Persons (form CC-GN-005) if asking for a guardianship

of the person and/or Notice to Interested Persons-Md. Rule 10-302(c) (form CC-GN-006) if asking for a

guardianship of the property.

☐ STEP 4. File proof of service with the court – File proof that all necessary people have been

properly served with the required papers. If you were unable to contact, locate, or identify any interested

person, complete and sign an Affidavit of Attempts to Contact, Locate, and Identify Interested Persons

(form CC-GN-010) and file it with the court.

For more information about service, see General Instructions (form CC-DRIN) and the Self-Help

Video, “Service of Process,” available at: mdcourts.gov/video/selfhelp/serviceofprocess.html

☐ STEP 5. Appointment of an Attorney – After the court receives a petition for guardianship, it may

appoint an attorney to represent the minor if the minor does not already have one.

☐ STEP 6. Hearing

The court will schedule a hearing to help the court decide if the minor needs a guardian and, if so, who

should be appointed. It is important that you attend the hearing and bring all papers related to the case. If the

minor or an interested person contests (challenges) your request for guardianship, contact a lawyer before the

hearing.

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WHO CAN BE A GUARDIAN?

The court may appoint anyone who is qualified and capable of fulfilling the responsibilities of a guardian. The law

provides a list of potential guardians in order of preference.

See: Md. Code Ann., Estates and Trusts, Article § 13-707.

Unless good cause is shown for the appointment, the court may not appoint someone who has been convicted of

any of the following crimes listed under Md. Code Ann., Estates and Trusts, Article § 11-114:

• A felony

• A crime of violence as defined in § 14-101 of the Criminal Law Article, which include:

o abduction;

o arson in the first degree;

o kidnapping;

o manslaughter, except involuntary manslaughter;

o mayhem;

o maiming, as previously proscribed under former Article 27, §§ 385 and 386 of the Maryland Code;

o murder;

o rape;

o robbery under § 3-402 or § 3-403 of the Criminal Law Article;

o carjacking;

o armed carjacking;

o sexual offense in the first degree;

o sexual offense in the second degree;

o use of a handgun in the commission of a felony or other crime of violence;

o child abuse in the first degree under § 3-601 of the Criminal Law Article;

o sexual abuse of a minor under § 3-602 of the Criminal Law Article if:

 the victim is under the age of 13 years and the offender is an adult at the time of the offense;

and

 the offense involved:

• vaginal intercourse, as defined in § 3-301 of the Criminal Law Article;

• a sexual act, as defined in § 3-301 of the Criminal Law Article;

• an act in which a part of the offender’s body penetrates, however slightly into the victim’s

genital opening or anus; or

• the intentional touching, not through the clothing, of the victim’s or the offender’s genital,

anal, or other intimate area for sexual arousal, gratification, or abuse;

o an attempt to commit any of the crimes listed above;

o continuing course of conduct with a child under § 3-315 of the Criminal Law Article;

o assault in the first degree;

o assault with intent to murder;

o assault with intent to rape;

o assault with intent to rob;

o assault with intent to commit a sexual offense in the first degree; and

o assault with intent to commit a sexual offense in the second degree.

• Assault in the second degree; or

• A sexual offense in the third or fourth degree or attempted rape or sexual offense in the third or fourth degree

Unless good cause is shown for the appointment, the court may not appoint someone as a guardian of the property

who has been convicted of a crime that reflects negatively on that person’s honesty, trustworthiness, or fitness to

perform the guardianship duties, including fraud, extortion, embezzlement, forgery, perjury, and theft.

If you or the proposed guardian has been convicted of a disqualifying crime, there will be an opportunity

to explain to the court why the court should still make the appointment.

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WHAT ARE THE GUARDIAN ORIENTATION AND TRAINING REQUIREMENTS?

Before the court appoints you as a guardian of the person or property, you must watch the orientation

program for court-appointed guardians available at

mdcourts.gov/family/guardianship/guardianorientationprogram

. This brief video covers the role, duties, and

responsibilities, of a guardian and what to expect if appointed. If you do not have access to a computer or

need help watching the program, contact the court.

After watching the video, complete a Certificate of Completion – Guardian Orientation and Training

Program (form CC-GN-031) and file it with the court.

After the court appoints you as guardian, it will direct you to complete a training program. The program

covers your specific responsibilities as guardian in more detail, describes how to make decisions as a

guardian, and provides information about community resources available to help you and the person you care

for. Guardians of the person must complete the training within 120 days of appointment. Guardians of the

property must complete the training within 60 days of appointment. The court may direct you to complete

the training at another time.

Some courts offer the training program as a class you can attend. Some may allow you to complete the

training program online. Ask the court how you can meet the training requirement.

Visit mdcourts.gov/guardianship

for more information about the court-appointed guardian orientation and

training programs. This website also has checklists, court forms, and other resources for guardians.

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