A guardianship petition is an action that requests the court to appoint someone to make decisions for a person who cannot manage personal or financial matters themselves.
Sometimes, the person being subject to guardianship, or their family members, may believe the guardianship is unnecessary or that the wrong person is seeking control. In these cases, they have the right to contest the petition.
Reasons for contesting a guardianship petition
A common reason to contest a guardianship petition is a disagreement about whether the person truly lacks capacity. For example, an older adult may have a medical condition but still function well with help from friends or a caregiver. If someone files for guardianship, the adult may disagree and choose to challenge the petition. A medical expert will likely examine the individual and submit a certificate of incapacity. The court may also assign an independent agent to gather information.
Family members may also contest a petition if they believe the proposed guardian does not have the best interests of the individual in mind. A relative might argue that the petitioner has a history of financial mismanagement or strained relationships. In that case, the court can consider alternate candidates for the role.
The contesting process
During a contested guardianship case, everyone involved has the opportunity to present evidence. The person facing guardianship may testify, present documents and bring in witnesses. Family members can also give input. The court will review medical information, financial records and personal history.
The judge will only appoint a guardian if clear evidence shows the person lacks capacity and needs help. Even then, the court will try to create the least restrictive solution. For example, the judge may approve a limited guardianship that only covers certain areas of the person’s life.
Contesting a guardianship petition in Maryland requires careful preparation and strong evidence. The court’s main focus will remain on protecting the individual’s rights, independence and well-being. If a judge finds that less invasive support works better, they may deny or change the petition.