Court-Appointed Attorneys in Guardianship Proceedings

Effective January 1, 2018, attorneys appointed to serve as counsel for minors or alleged disabled persons in guardianship proceedings under Md. Code, Estates and Trusts Article, Title 13 must meet the following requirements:

Md. Rule 10-106(b) Eligibility for Appointment

  1. (1) To be eligible for appointment, an attorney shall:
    1. (A) be a member in good standing of the Maryland bar;
    2. (B) provide evidence satisfactory to the court of financial responsibility; and
    3. (C) unless waived by the court for good cause, have been trained in the aspects of guardianship law and practice in conformance with the Maryland Guidelines for Court-Appointed Attorneys in Guardianship Proceedings

These requirements promote good practice and consistency in the appointment and performance of attorneys appointed to represent minors and alleged disabled persons in guardianship proceedings in the circuit and orphans’ courts.

Roster of Eligible Attorneys

The Roster of Attorneys eligible for appointment under Md. Rule 10-106 will be updated periodically. Inclusion on this roster does not guarantee court appointment. Some courts maintain their own rosters.

To be added to this roster, attorneys who complete a Maryland Guidelines training can complete an Application for Court-Appointed Attorneys in Guardianship Proceedings.

Attorneys with other relevant training or experience seeking waiver of the Maryland Guidelines training requirement should complete an Application Seeking Waiver of the Md. Rule 10-106(b)(1)(C) training requirement and file it in each court they are willing to accept appointments. If approved for appointment in a particular court, the court or attorney should email the completed application to guardianship@mdcourts.gov.

Host a Training

The Guardianship/Vulnerable Adults Workgroup of the Maryland Judicial Council’s Domestic Law Committee is committed to working with external justice partners to organize trainings that meet the Maryland Guidelines requirements. If you would like to sponsor a training, review the Training Programs for Court-Appointed Attorneys in Guardianship Proceedings Information Sheet.

Court Appointed Attorneys Program

The Court Appointed Attorney Program (CAAP) was established by the Department of Human Services, Maryland Legal Services Program (MLSP) to allow private attorneys statewide, to provide legal representation in cases where a conflict of interest in representation arises with an MLSP provider. CAAP ensures that the rights of indigent alleged vulnerable adults are protected throughout the entire court experience in Adult proceedings. To learn more, see Department of Human Services CAAP Policy and Request for Payment Forms.