If the minor is not represented by an attorney, then the court may appoint an attorney for the minor. Code, Estates and Trusts Article § 13-702Ī minor can have their own attorney. In that case, the court is not bound to appoint that person. If the minor is at least 16 years old and otherwise qualified, he or she can designate a guardian of the property. If the minor is at least 14 years old and the person is otherwise qualified, the court will appoint the person designated by the minor, unless the appointment would not be in the minor’s best interests. An interested party also has certain notification rights. Only interested parties can petition for guardianship of a minor and ask the court to address problems with the minor’s guardianship. Interested parties are defined by the law. Petition for Guardianship of a Minor Who is an interested party? Code, Estates and Trusts Article § 13-701 For a testamentary guardianship, the court does not need to approve or qualify the guardian. Unless prohibited by an agreement or a court order, a minor child’s surviving parent can appoint one or more guardians (and successor guardians) of the minor. This is called a testamentary guardianship and is different from the court appointment of a guardian. What if I was appointed to be a minor’s guardian through the minor’s parents’ will? Guardianship of a minor is a legal process where the court appoints a person to manage a minor’s personal and/or financial affairs. In Maryland, a person assuming care of a relative’s child is referred to as a kinship caregiver, and there can be both formal and informal kinship care. Is guardianship the same thing as kinship care? Talk to an attorney to determine which option is best for your situation. Although there can be some overlap in the types of powers and responsibilities, guardianship of a minor and custody are two different legal processes with different powers and responsibilities. Guardianship of a Minor Is guardianship the same thing as custody?
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