Personal & Life Planning Resources

Standby guardianship allows you to name someone to take care of your children if you later become unable to care for them because you are:

1. physically unable (physically debilitated),
2. mentally unable (mentally incapacitated), or
3. unavailable because of an adverse immigration action.

The person you name, called the “standby guardian,” can only act if one of those three things happen to you. Standby guardianship does not affect your parental rights.

• You can designate a standby guardian to care for your child if you one day become mentally incapacitated, physically debilitated, or subject to an adverse immigration action. If one of those three things happen, the standby guardian’s authority to care for your child lasts for 180 days. You can use form Parental Designation and Consent to the Beginning of Standby Guardianship (CC-GN-041).
  
  If they need more than 180 days, the standby guardian needs to file a petition for judicial appointment. They can use form Petition by Standby Guardian (Judicial Appointment) (CC-GN-042).
• You can petition the court to appoint a standby guardian if there is a significant risk that you will become mentally incapacitated or die within two years. You can use form Petition by Parent (Appointment of Standby Guardian) (CC-GN-043). The court will issue an order. The standby guardian’s authority goes into effect when you become mentally incapacitated, die, or consent to their authority going into effect earlier.

Learn more about standby guardianship at the People's Law Library of Maryland.

If a parent is unable to care for their child, someone can ask the court to appoint a guardian of the person or property for the child. Guardians of the person make decisions about things like food, clothing, school, and other personal needs. Guardians of the property make decisions about any money or property the child has an interest in or owns.

The guardian’s power goes into effect when the court orders the appointment of a guardian. Parents can consent to this type of guardianship. It does not affect parental rights.

Learn more about guardianships of minors at the People’s Law Library of Maryland.

Your Will can name a guardian who you want to take care of your child if you pass away and if their other parent is unavailable.

An estate planning lawyer can help you draft a Will.

Learn more about Wills at the People’s Law Library of Maryland.

There are informal and formal kinship care arrangements.

An informal kinship care arrangement is made privately between a child’s parents and other kin. There are resources available to help informal kinship caregivers. This type of arrangement does not involve a formal legal process or give the kinship caregiver legal custody.

Formal kinship care refers to when a child in foster care is placed with kin instead of unrelated foster parents. The Maryland Department of Human Services (DHS) makes these types of placements and provides support.

Learn more about kinship care at the People’s Law Library of Maryland.

Custody refers to who a child lives with (physical custody or parenting time) and how major decisions about a child will be made (legal custody or decision-making authority). When a court makes decisions about child custody, the court balances what is best for a child with parents’ constitutional rights to direct how their child is raised.

Learn more about grandparent and non-parent custody

If a child is conceived or born to parents who are married, the married couple are presumed to be the legal parents of the child. If the child’s parents are not married, the parent who did not give birth can complete an Affidavit of Parentage to be listed as the child’s second legal parent. A court order can also establish that someone is a child’s legal parent.

Learn more about paternity at the People’s Law Library of Maryland.

In Maryland, the parent who did not give birth to the child may not need to pursue an independent option to be recognized as the legal parent. However, there are situations where an adoption affirming a parent’s rights may be helpful. For example, if you move or travel to places outside of Maryland, laws about parentage may be different. Adoption can also clarify parental rights in case of separation or divorce.

Talk to a lawyer about your options.

Learn more about adoption at the People’s Law Library of Maryland.

An advance directive gives another person, called a health or mental health care “proxy” or “agent,” the authority to make decisions about your medical or mental health care. Unless you say otherwise, the directive goes into effect when you become too sick to make decisions. The person you name in your advance directive will have access to your medical records and can make decisions about your treatment. An advance directive can be written or oral and must meet certain requirements. There are forms you can use for medical advance directives and mental health advance directives. Share copies with your healthcare providers and your agent.

Watch a video on advance directives or learn more about them at the People’s Law Library of Maryland.

Maryland law lists who can be your surrogate decision-maker and their order of priority. This means your healthcare provider will starting with the person at the top of the list. If that person is not available, they will go to the next person in the following order:

1. A court-appointed guardian
2. A spouse or domestic partner
3. Adult children
4. Parents
5. Adult siblings

If no one on this list is available, a close friend or other relative can serve as a surrogate decision-maker if they sign an affidavit (a sworn statement) that meets certain requirements. There are certain things that will disqualify a person from serving as a surrogate decision-maker.

Watch a video on surrogate decision-making or learn more about it at the People’s Law Library of Maryland.

With supported decision-making, you are the decision-maker; your supporters are there to help you make, communicate, or carry out your decisions. You pick your supporters and how they will help you. A supported decision-making arrangement can be informal or a formal agreement laid out in writing.

Watch a video on supported decision-making.

There are resources that can help with accessing food, housing, clothing, transportation, and more. Family and friends can help, and there are resources in the community too.

Watch a video on finding Assistance with Personal Needs.

A power of attorney allows you to grant someone you trust – your “agent” – the authority to make financial or business decisions on your behalf. A power of attorney can be either general or limited.

• In a general power of attorney, you give another person authority over all your financial and business matters.
• In a limited power of attorney, you give another person authority over only the financial and business matters you choose.

Watch a video on powers of attorney or learn more about them at the People's Law Library of Maryland.

A Will is something you can make while you are alive that says what happens to your money, belongings, or minor children after you die. If you do not have a Will when you die, your money and belongings will be divided among your family members based on a formula set by law that might not reflect what you want to happen. There are separate rules about minor children.

An estate planning lawyer can help you create a Will.

Learn more about Wills at the People’s Law Library of Maryland.

Maryland ABLE accounts help people with certain disabilities save money and pay for qualified disability-related expenses without affecting their eligibility for public benefits such as SSI or Medicaid. Learn more about ABLE accounts at Maryland ABLE.

A trust is a legal arrangement where one person gives legal ownership of specific property to a second person (a trustee) to use to benefit a third person (a beneficiary). Learn more about trusts at the People's Law Library of Maryland.

Other banking services can help ensure bills are paid and money is properly managed. They include direct deposit, automatic payment, and money managers.

Watch a video about ABLE accounts, trusts, and banking services.

You can informally change your name by using your chosen name. You can also formally change your name by asking a court for a change of name order. There are special rules for changing your child’s name.

Watch a video series on name changes or learn more about them at the People’s Law Library of Maryland.

A judicial declaration of gender identity is a court order that officially says (affirms) a person’s gender (gender identity, gender marker, and sex/designation). You may need a court order to update or correct important documents. There are special rules for children.

Watch a video series on judicial declarations of gender identity.