Topics on this page

• Generally
• Who is an interested person?
• Notice Requirements
• Reasons to Intervene
• Intervention by an Interested Person
• Request for Appearance by Physician or Psychologist

General

Only an interested person can petition for guardianship. The Appellate Court of Maryland (formerly the Court of Special Appeals) has stated that the rights of an interested person are “inextricably bound up” with the rights of an alleged disabled person. Any interested person, even those who are not petitioners, may invoke the jurisdiction of the court at any time to resolve questions concerning the guardianship estate or its administration.   

Typically, interested persons create the conflict that turns an uncontested guardianship into a contested matter. In doing so, interested persons become a party to the guardianship proceeding and have all rights associated with it, including the right to discovery.  

Read the Law: Md. Code, Estates and Trusts Article § 13-203

Read the Rules: Md. Rule 10-201; 10-301

Read the Cases: Law v. John Hanson Savings and Loan, Inc., et al., 42 Md. App. 505 (Court of Special Appeals 1979); In re Sonny Lee, 132 Md. App. 696 (Court of Special Appeals 2000) 

Who is an interested person?

Maryland law defines certain classes of individuals as “interested persons.” Interested persons have standing to participate in proceedings for guardianship of the person or property. Individuals who are not in one of these classes must intervene in the guardianship proceeding and seek the court’s designation as an interested party.   

Maryland law defines the following classes of individuals as interested persons:  

• the alleged disabled person;  
• the alleged disabled person’s guardian;  
• a supporter named in a supported decision-making agreement under Title 18 of the Estates and Trusts Article;
• a fiduciary appointed for a disabled interested person, or other person who has assumed responsibility for the interested person;  
• any governmental agency paying benefits to the alleged disabled person which may include:
  • Social Security Administration,  
  • United States Office of Personnel Management,  
  • Veterans Administration,  
  • Medicaid, and any governmental entity paying a retirement, annuity or other benefits to the alleged disabled person.;  
• a person, agency, or corporation nominated by the alleged disabled person,  
  • The nominated individual must have been 16 years or older when the alleged disabled person signed the designation. Additionally, the court must have determined them mentally competent of making an intelligent decision at the time of the nomination.
• a health care agent appointed by the alleged disabled person in accordance with Title 5, Subtitle 6 of the Health - General Article;  
• the alleged disabled person’s spouse;  
• the alleged disabled person’s parents;  
• the alleged disabled person’s children;  
• adult persons who would be the alleged disabled person’s heirs if the alleged disabled person were dead  
  • “Heir” is defined as “any person who would be entitled under the law of this State to inherit property if, at the applicable time, the owner of the property had died intestate.” Maryland Rule 10-103(e). See also Md. Code, Estates & Trusts, § 3-101, et seq. regarding the laws on intestate succession.);  
• a person, agency, or corporation nominated by a person caring for the alleged disabled person;  
• for adults less than 65 years old, the director of the local department of social services;  
• for adults 65 years old, or older, the Secretary of Aging or the director of the area agency on aging;  
• the Department of Veterans Affairs as directed by Code, Estates and Trusts Article, § 13-801; and
• any other person, agency, or corporation considered appropriate by the court.  

In a guardianship of only the property, the following additional classes of individuals are “interested persons” under the law:  

• a current income beneficiary of the fiduciary estate;  
• a fiduciary and co-fiduciary of the fiduciary estate; and  
• the creator of the fiduciary estate.  

Anyone who isn't legally recognized as an 'interested person’ but wants to participate in a guardianship case must file a motion to intervene in accordance with Maryland Rule 2-214. The motion should explain why intervention is sought and the reasons for intervention. The motion must be filed within the timeframe specified in the show cause order. 

If intervention is approved, the intervenor will be designated by the court as an interested person. Subsequently, the newly recognized interested person must promptly file the document and serve it on all parties involved in the guardianship proceeding. 

Read the Law: Md. Code, Estates & Trusts, § 13-101, § 13-707

Read the Rule: Md. Rule 10-103

Adult Guardianship: The Role of Guardian of the Person from the Maryland Courts

Adult Guardianship: The Role of Guardian of the Property from the Maryland Courts

Notice Requirements

All interested persons must be served with a copy of the guardianship petition, show cause order, and “Notice to Interested Persons.” The court will not appoint a guardian unless all interested persons have been served with these documents and have had the opportunity to respond to the petition.   

To object to the appointment of a guardian or participate in guardianship proceedings, an interested person must file a response to the petition. The response should state why the requested relief in the petition should not be granted. The response must be filed within the time period specified in the show cause order. 

Read the Rules: Md. Rule 10-203, 10-302

Reasons to Intervene

Interested persons, or intervening parties, may have various reasons for involvement in a guardianship proceeding. The varying reasons reflect the unique dynamics of each family’s situation. Typically, disputes involving interested persons revolve around determining who the appropriate guardian should be, rather than whether a guardian should be appointed at all. 

During the guardianship proceedings, interested persons have the right to:  

• object to the need for a guardian;
• object to the appointment of the Petitioner as guardian; or
• allege that the disabled person may incur damages as a result of the appointment of a guardian. 

An interested person may also present to the court any material and/or relevant information which may affect the guardianship proceedings.  

After the appointment of guardian interested person may invoke the jurisdiction of the court at any time during the guardianship to resolve questions related to the guardianship estate or its administration. For example, if an interested person has concerns that a guardian of the property may be misappropriating funds, or that the medical needs of a disabled person are not adequately being met they can raise their concerns with the court.  

In addition, an interested person is expressly authorized by statute to file a petition for an order:  

1. requiring bond, security, additional bond, or security in an estate where bond can be required,   
2. requiring an accounting of the administration of the estate,   
3. directing distribution;   
4. removing the guardian and appointing a successor guardian; or,  
5. granting other appropriate relief.  

Read the Law: Md. Code, Estates & Trusts, § 13-203(d); § 13-210(a)

Read the Case: Law v. John Hanson Savings and Loan, Inc., et al., 42 Md. App. 505 (Court of Special Appeals 1979) 

Intervention by an Interested Person

Generally, a court’s consideration of a motion to intervene is a two-step process. 

• Step 1: Does the party have a right to intervene?
• Step 2: If the party has the right to intervene, the court will then consider the substance of the motion to intervene. 

Intervention of Right - A person can intervene in an action when: 

• the person has an unconditional right to intervene as a matter of law; OR  
• the person has a vested interest in a property or transaction that's the subject of the action, and not being part of the proceedings could harm their ability to protect that interest. 

When assessing the adequacy of representation, the court must consider whether the potential intervener has interests that require protection and whether these interests are sufficiently safeguarded in the proceedings. If the interests are not sufficiently protected, the court may allow intervention in order to ensure the intervenor’s interests are protected. 

Read the Rule: Md. Rule 2-214(a)

Read the Cases: Citizens Coordinating Comm. on Friendship Heights, Inc. v. TKU Assocs., 276 Md. 705 (Court of Appeals 1976) 

When evaluating the interests of the applicant for intervention, the court will  initially classify the interests as being adverse, similar, or identical to that of each of the existing parties. Then, the court will apply the following “interest-analysis” test to determine whether the lack of an adequate representation requirement should be applied.   

• If the potential intervenor’s interest is not represented or advocated to any degree by an existing party, or if the existing parties all have interests that are adverse to those of the proposed intervener, then the intervenor’s is unrepresented by existing parties, and the court should allow the intervention.   
• If the potential intervenor’s interest is similar, but not identical to that of an existing party, then the court will ordinarily allow the intervention, unless it’s clear that another party will provide the adequate representation.  
• If the potential intervenor’s interests are identical to those of an existing party or if an existing party is required by law to represent the potential intervenor’s interests, then there must a compelling showing to demonstrate why the existing parties do not provide adequate representation.  

Read the Cases: Maryland Radiological Soc’y, Inc. v. Health Servs. Cost Review Comm’n, 285 Md. 383 (Court of Appeals 1979)

Permissive Intervention - A person may be permitted to intervene in an action when the person’s claim or defense has a question of law or fact in common with the action.   

A governmental entity may be permitted to intervene in an action when:  

• the validity of a constitutional provision, charter provision, statute, ordinance, regulation, executive order, requirement, or agreement affecting the moving party is drawn in question in the action; or  
• when a party to an action relies for ground of claim or defense on such constitutional provision, charter provision, statute, ordinance, regulation, executive order, requirement, or agreement. In exercising its discretion, the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.  

The court must consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the existing parties.  

Read the Rule: Maryland Rule 2-214(b)

Occasionally, individuals not legally recognized as interested parties may dispute the need for a guardian. An individual may argue that the person has capacity to manage their affairs or is able to communicate responsible decisions concerning their care. In some cases, someone might intervene to uphold their role as a healthcare agent or durable power of attorney, thereby removing the need for a guardian. In Maryland, a guardian won’t be appointed if there’s a less restrictive alternative available under the law. 

Although there is no similar requirement for the appointment of a guardian of the property, an attorney-in-fact duly appointed by the alleged disabled person could intervene to assert their rights to manage the affairs of the alleged disabled person without the necessity of the appointment of a guardian. However, unlike a health care agent, an attorney-in-fact is not a statutory interested person to a guardianship. Therefore, if the attorney-in-fact does not meet another definition of an interested person, they must file a motion to intervene in the guardianship.   

Read the Law: Md. Code, Estates & Trusts, § 13-705

Request for Appearance by Physician or Psychologist

Interested persons may request the appearance of the physician or psychologist who prepared the certificates of capacity at the trial. An interested person is not required to file an objection to the guardianship petition to request the physician's or psychologist's appearance.