Maryland law provides that a guardian of the person shall be appointed if the court determines from clear and convincing evidence that:
- A person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person, including provisions for health care, food, clothing, or shelter, because of any mental disability, disease, habitual drunkenness, or addiction to drugs; and that no less restrictive form of intervention is available which is consistent with the person's welfare and safety. (Estates and Trusts 13-705 (b))
The guardian of the person of a disabled person is required to file an Annual Report. The details of the report are as follows:
- The report is due on the anniversary of appointment as guardian and must be filed no later than 60 days after the due date
- The purpose of the report is to advise the Court of the overall well-being of the disabled person over the past year and whether the guardian has any issues that may prevent him or her from continuing as guardian
- The court reviews the report, addresses any matters of concern or, if acceptable, enters an Order accepting the report and continuing the guardianship until the next year.