Probate Code
Each state’s laws set out detailed procedures which must be followed to have a guardian or conservator appointed. Although details vary, typically the process requires notice to the proposed ward and other interested parties, evaluation of the proposed ward and evidence supporting the request, a hearing, and a decision by a jury or judge.
Initiating an Action – Filing a Petition:
An individual or any person interested in the individual’s welfare may initiate guardianship proceedings by filing a petition for the appointment of a guardian of the person.
Notice of Hearing:
Notice and hearing requirements are set in Maryland’s Rules. If after a hearing the court or a jury determines the respondent is incapacitated, the judge issues an order appointing a guardian and outlining the scope of the guardian of the person’s powers.
Where a person is incapable of managing their own financial affairs, a petition may be filed for the appointment of a guardian. The process parallels that for appointment of a guardian of the person and the notice and hearing requirements are also set by Maryland’s Rules.
Md. Code Ann., Est. & Trusts § 13-201
Md. Code Ann., Est. & Trusts § 13-704 through Md. Code Ann., Est. & Trusts § 13-705
https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get§ion=13-705&enactments=False&archived=False