Md. R. Guard. & Fid. 10-111

As amended through October 15, 2024

Rule 10-111 - Petition for Guardianship of Minor

INSTRUCTIONS

(1) Use this form of petition when a guardianship of a minor is sought, even if the minor also is disabled.

(2) If the subject of the petition is not a minor, use the form petition set forth in Rule 10-112.

(3) If guardianship of more than one minor is sought, a separate petition must be filed for each minor, except that a petition may include a request for guardianship of two or more similarly situated full siblings. If guardianship of more than one sibling is sought, complete a separate Paragraph 1 for each sibling. In Paragraphs 2-13, if a response does not apply to all siblings, provide the requested information as to each sibling.

(4) If the petition is to be filed in the Circuit Court for Baltimore City, use "Baltimore City" as the name of the county.

A petition for guardianship of a minor shall be in substantially the following form:

[CAPTION]

In the Matter of	In the __________ Court for
__________________________	____________________________
(Name of minor)	(County)
____________________________
(docket reference)

PETITION FOR GUARDIANSHIP OF MINOR

INSTRUCTIONS

1. The required exhibits are as follows:

(a) A copy of any instrument nominating a guardian [Code, Estates and Trusts Article, § 13-701 and Maryland Rule 10-301(d)] ;

(b) If the petition is for the appointment of a guardian for a minor who is a beneficiary of the Department of Veterans Affairs, a certificate of the Administrator or the Administrator's authorized representative, setting forth the age of the minor as shown by the records of the Veterans Administration, and the fact that appointment of a guardian is a condition precedent to the payment of any moneys due the minor from the Veterans Administration shall be prima facie evidence of the necessity for the appointment [Code, Estates and Trusts Article, § 13-802 and Maryland Rule 10-301(d)].

2. Attached additional sheets to answer all the information requested in this petition, if necessary.

[ ]	Guardianship of	[ ]	Guardianship of	[ ]	Guardianship of
Person	Property	Person and
Property

The petitioner, _______________, __________ whose address is (name) (age) ______________________________, and whose telephone number is ______________________________, represents to the court that:

1. The minor _____________________________, age __________, born on the _______ day of ______________________, __________, (month) (year) a [ ] male or [ ] female child of ___________________________ and ______________________________________________, resides at ___________________________________. A birth certificate of the minor is attached.

2. If the minor does not reside in the county in which this petition is filed, state the place in this county where the minor is currently located __________________________ _______________________________________________________________.

NOTE: For purposes of this Form, "county" includes Baltimore City.

3. The relationship of petitioner to the minor is __________ _______________________________________________________________.

4. The minor [ ] is a beneficiary of the Department of Veterans Affairs and the guardian may expect to receive benefits from that Department.

[ ] is not a beneficiary of the Department of Veterans Affairs.

5.Complete Section 5 if the petitioner is asking the court to appoint the petitioner as the guardian.

(Check only one of the following boxes)

[ ] I have not been convicted of a crime listed in Code, Estates and Trusts Article, § 11-114.

[ ] I was convicted of such a crime, namely ______________ _______________________________________________________________.

The conviction occurred in _____(year)____, in the __________________(Name of court)________________, but the following good cause exists for me to be appointed as guardian: _____________________________________________________

_______________________________________________________________.

6.Complete Section 6 if the petitioner is asking the court to appoint an individual other than the petitioner as the guardian.

6a. Prospective Guardian of the Person (Complete Section 6 a. if seeking guardianship of the person.)

The name of the prospective guardian of the person is _____________________________________________________________ and that individual's age is __________. The relationship of that individual to the minor is _______________________________.

(Check only one of the following boxes)

[ ] __(Name of prospective guardian)__ has not been convicted of a crime listed in Code, Estates and Trusts Article, § 11-114.

[ ]__(Name of prospective guardian)__ was convicted of such a crime, namely ________________________________________________________. The conviction occurred in _____(year)____ in the __________________(Name of court)________________, but the following good cause exists for the individual to be appointed as guardian: __________________________________________________________________________________________________________________.

6b. Prospective Guardian of the Property (Complete Section 6 b if the prospective guardian of the property is different from the prospective guardian of the person or if guardianship of the person is not sought.)

The name of the prospective guardian of the property is _____________________________________________________________ and that individual's age is __________. The relationship of that individual to the minor is _______________________________.

(Check only one of the following boxes)

[ ] __(Name of prospective guardian)__ has not been convicted of a crime listed in Code, Estates and Trusts Article, § 11-114.

7. State the name and address of any additional person on whom service shall be made on behalf of the minor, including a minor who is at least ten years of age: _______________________ _______________________________________________________________.

8. The following is a list of the names, addresses, telephone numbers, and e-mail addresses, if known, of all interested persons (see Code, Estates and Trusts Article, § 13-101(k)).

List of Interested Persons

Name	Address	Telephone	E-mail Address
		Number	(if known)
Parents:	___________	___________	___________	___________
___________	___________	___________	___________

Siblings:	___________	___________	___________	___________
___________	___________	___________	___________
___________	___________	___________	___________
___________	___________	___________	___________


Any Other Heirs at Law:	___________	___________	___________	___________

Guardian (if appointed):	___________	___________	___________	___________

Any Person Holding a Power
of Attorney of the Minor:	___________	___________	___________	___________

Minor's Attorney:	___________	___________	___________	___________

Any Other Person Who Has
Assumed Responsibility for the Minor:	___________	___________	___________	___________

Any Government Agency
Paying Benefits to or for the Minor:	___________	___________	___________	___________

Any Person Having an Interest
in the Property of the Minor:	___________	___________	___________	___________

All Other Persons Exercising Control
over the Minor or the Minor's Property:	___________	___________	___________	___________

A Person or Agency Eligible to Serve
as Guardian of the Person of the Minor:	___________	___________	___________	___________

9. The names and addresses of the persons with whom the minor resided over the past five years, and the approximate dates of the minor's residence with each person are, as follows:

Names	Addresses	Approximate Dates
_________________________	_________________________	_________________________
_________________________	_________________________	_________________________
_________________________	_________________________	_________________________
_________________________	_________________________	_________________________

10. Guardianship is sought for the following reason(s): ________________________________________________________________ ________________________________________________________________ _______________________________________________________________.

11. If this Petition is for Guardianship of the Property, the following is the list of all the property in which the minor has any interest including an absolute interest, a joint interest, or an interest less than absolute (e.g. trust, life estate).

			Trustee, Custodian
Names	Location	Addresses	, Agent, etc.
_________________________	_________________________	_________________________	_________________________
_________________________	_________________________	_________________________	_________________________
_________________________	_________________________	_________________________	_________________________
_________________________	_________________________	_________________________	_________________________

12. The petitioner's interest in the property of the minor listed in 11. is _____________________________________ _______________________________________________________________.

13.

(a) All other proceedings regarding the minor (including any proceedings in juvenile court) are, as follows: ________________________________________________________________ ________________________________________________________________ _______________________________________________________________.

(b) All proceedings regarding the petitioner and prospective guardian filed in this court or any other court are, as follows: _______________________________________________________________ _______________________________________________________________ ______________________________________________________________.

14. All exhibits required by the Instructions below are attached.

WHEREFORE, Petitioner requests that this court issue an order to direct all interested persons to show cause why a guardian of the [ ] person [ ] property [ ] person and property of the minor should not be appointed, and (if applicable) _(Name of prospective guardian)_ should not be appointed as the guardian.

______________________________
Attorney's Signature
______________________________	___ If There is No Attorney: ___
Attorney's Name
______________________________	______________________________
Attorney's Address	Petitioner's Address
______________________________	______________________________
Attorney's Telephone Number	Petitioner's Telephone Number
______________________________	______________________________
Attorney's E-mail Address	Petitioner's E-mail Address

Petitioner solemnly affirms under the penalties of perjury that the contents of this document are true to the best of Petitioner's knowledge, information, and belief.

_____________________________

Petitioner's Name

_____________________________

Petitioner's Signature

ADDITIONAL INSTRUCTIONS

1. The required exhibits are as follows:

(a) A copy of any instrument nominating a guardian [Code, Estates and Trusts Article, § 13-701 and Maryland Rule 10-301(d)] ;

(b) If the petition is for the appointment of a guardian for a minor who is a beneficiary of the Department of Veterans Affairs, a certificate of the Administrator or the Administrator's authorized representative, setting forth the age of the minor as shown by the records of the Department of Veterans Affairs, and the fact that appointment of a guardian is a condition precedent to the payment of any moneys due the minor from the Department of Veterans Affairs shall be prima facie evidence of the necessity for the appointment [Code, Estates and Trusts Article, § 13-802 and Maryland Rule 10-301(d)].

2. Attached additional sheets to answer all the information requested in this petition, if necessary.

Md. R. Guard. & Fid. 10-111

This Rule is new.

Adopted Sept. 17, 2015, eff. 1/1/2016; 10/10/2017, eff. 1/1/2018; Nov. 19, 2019, eff. 1/1/2020; amended April 21, 2023, eff. 7/1/2023.

HISTORICAL NOTES

2017 Orders

The October 10, 2017, order changed the word "jurisdiction" to the word "county" in section 2, added a "NOTE" pertaining to the use of the word "county," added language and boxes to check pertaining to a minor who may be a beneficiary of the Veterans Administration, divided Section 6 into two subsections, added language to Section 6 pertaining to a request for certain information about a conviction of a crime, changed the word "an" to the word "any" in Section 7, added, in Section 8, the words "and e-mail addresses, if known" and by updating a cross reference, deleted the requirement at the end of the form that a facsimile number be provided, and made stylistic changes.