Montgomery County Guardianship Forms

STATE OF MARYLANDREGISTER OF WILLS FOR MONTGOMERY COUNTY, MARYLAND

JOSEPH M GRIFFIN ROOM 322 TELEPHONEREGISTER OF WILLS 50 MARYLAND AVENUE (240) 777-9600

www.registers.state.md.us ROCKVILLE, MARYLAND 20850-2397 FAX (240) 777-9602

Register’s Policies and Procedures

Any interested person may file a petition requesting a court to appoint a guardian of the property of a minor. The guardianship is to be filed in the county where the minor resides or if the minor is a nonresident the guardianship is filed in the county in which a petition for the guardianship of the person may be filed, or in the county where any part of the property is located.

In order to establish a guardian of the property the following is required:

Petition for Guardianship – in compliance with Rule 10-301(c) (Form 1313)*Guardianship Show Cause – if minor is under the age of 10 the (Form 1322)*

show cause may be waived see Rule 10-302

Notice to Interested Persons (Form 1325)*Order Appointing Guardian of the Property (Form 1323)*Filing Fee - $20.00

Additional Requirements if applicable:

Guardianship Bond - the court may order a bond for any guardianship (Form 1317)*but is not required if (a) assets do not exceed$10,000.00, and (b) guardian cannot transfer assets without court approval, and (c) consists only of cash deposited in a restricted account

Restricted Account Form – if ordered by the court the guardian (Form 1319)*shall file proof of the opening of a restrictedaccount

Within 60 days after jurisdiction has been assumed or a guardian has been appointed, the guardian shall file an inventory and information report:

Inventory / Information Report (Form 1318)*

The guardian shall file each year an account. The end of the accounting year shall be the anniversary of the date upon which the court assumed jurisdiction over the estate or appointed the guardian. The account shall be filed not later than 60 days after the end of the accounting year, unless the court extends the time for good cause shown.

Account (Form 1320)*

Grounds for the termination of a guardianship shall include:

(1) the occurrence of the event specified in the instrument creating the estate;(2) the distribution by the guardian of all remaining assets of the estate in a manner

authorized by the instrument creating the estate;(3) the attainment by a minor of the age of majority;(4) the emancipation of a minor who has not attained the age of majority(5) the death of a minor; or(6) any other good cause for termination

Within 45 days after the guardian discovers that the grounds for termination exist, the guardian shall file a petition requesting the court to terminate the estate. If the guardian has not timely filed the petition, an interested person may file a petition requesting the court to terminate the estate. The petition shall be signed and verified and contain the following:

(1) petitioner’s interest in the estate;(2) the name and address of each interested person entitled to notice of the petition;(3) a statement of facts establishing the grounds for termination; and (4) documentation as set forth in Rule 10-710(e)

If the petitioner is the guardian, the petitioner shall file with the petition a final account with the proposed final distribution of any remaining assets of the estate. The accounting shall cover any period which has not been previously covered by an annual account. The petitioner shall give notice of the filing to the persons named as distributees in the account, to other persons entitled to notice of the accounts and to all other persons designated by the court.

*Guardianship forms are not state mandated forms but are in compliance with Maryland Rules and have been established for convenience.

All forms referenced are located in the appendix

Please note policies established are subject to change and may not be applicable in every situation.

IN THE ORPHANS’ COURT FOR(or) , MARYLAND

BEFORE THE REGISTER OF WILLS FOR

IN THE GUARDIANSHIP ESTATE OF:

GUARDIANSHIP ESTATE NO: (Minor)

PETITION FOR GUARDIANSHIP

TO THE HONORABLE, THE JUDGES OF SAID COURT:The petitioner, , represents that:

1. The minor, was born on the day of ,

to and .(mother) (father)

2. The petitioner is the Of the minor. The petitioner is years of age.

(relationship)

3. Guardianship is sought for the following reason(s):

4. The names and addresses of persons with whom the minor resides are:

5. The names and addresses of interested persons (the minor’s heirs, guardian, any governmental agency paying benefits to the minor, any person having a substantial interest in the minor’s property) are:

6. Names and address of person to whom correspondence can be sent to minor other than the petitioner, if minor is over the age of ten (10).

7. Property in which the minor has an interest is: (description, location, and value):)

1313Petition for Guardianship

8. Name and location of financial institution where minor’s funds will be deposited:

WHEREFORE, the petitioner(s) request that

be appointed as Guardian of the person, property, person and property of the minor.

I do solemnly declare under the penalty of perjury that the contents of the foregoing document are true and complete to the best of my knowledge, information, and belief.

Attorney Petitioner (signature)

(print name) (print name)

Address Address (include zip code)

Telephone No. Telephone No.

1313Petition for Guardianship

IN THE ORPHANS' COURT FOR (OR) , MARYLANDBEFORE THE REGISTER OF WILLS FOR

IN THE GUARDIANSHIP OF:

GUARDIANSHIP NO:

GUARDIANSHIPLIST OF INTERESTED PERSONS

Name (and age if under 18 years)

Last Known Address including Zip Code

Relationship to Minor

I solemnly affirm under the penalties of perjury that the contents of the foregoing list of interested persons are true to the best of my knowledge, information, and belief.

Attorney Petitioner/Guardian Date

Address Petitioner/Guardian Date

Petitioner/Guardian Date

Telephone Number

RW 1104G10/97

IN THE ORPHANS’ COURT FOR MONTGOMERY COUNTY, MARYLAND

In the Matter of: :

, : Guardianship No. Minor

:

NOTICE TO INTERESTED PERSONS

A Petition has been filed seeking appointment of a guardian of the property of

, who is alleged to be a

minor or alleged disable person.

You are an “interested person,” that is, someone who should receive notice of

this proceeding because you are related to or otherwise concerned with the welfare of

this person.

If the court appoints a guardian of the property for

, that person will lose the right to

manage his or her property.

Please examine the attached papers carefully. If you object to the appointment

of a guardian, please file a response in accordance with the attached show cause order.

(Be sure to include the case number). If you wish otherwise to participate in this

proceeding, notify the court and be prepared to attend any hearing.

A physician’s certificate attached to the petition will be admissible as substantive

evidence without the presence or testimony of the physician or psychologist unless you

file a request that the physician or psychologist appears. The request must be filed at

least 10 days before the trial date, except that, if the trial date is less than 10 days from

the date your response is due, the request may be filed at any time before trial.

If you believe you need further legal advice about this matter, you should consult

your attorney.

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In the Matter of: :

, : Guardianship No. Minor

:

NOTICE TO INTERESTED PERSONS

A Petition has been filed seeking appointment of a guardian of the person of

, who is alleged to be a

minor or alleged disable person.

You are an “interested person,” that is, someone who should receive notice of

this proceeding because you are related to or otherwise concerned with the welfare of

this person.

If the court appoints a guardian of the person, that person will lose certain

valuable rights to make individual decisions.

Please examine the attached papers carefully. If you object to the appointment

of a guardian, please file a response in accordance with the attached show cause order.

(Be sure to include the case number). If you wish otherwise to participate in this

proceeding, notify the court and be prepared to attend any hearing.

A physician’s certificate attached to the petition will be admissible as substantive

evidence without the presence or testimony of the physician or psychologist unless you

file a request that the physician or psychologist appears. The request must be filed at

least 10 days before the trial date, except that, if the trial date is less than 10 days from

the date your response is due, the request may be filed at any time before trial.

If you believe you need further legal advice about this matter, you should consult

your attorney.

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IN THE ORPHANS' COURT FOR (OR) , MARYLANDBEFORE THE REGISTER OF WILLS FOR

IN THE GUARDIANSHIP ESTATE OF THE

GUARDIANSHIP NO: (Minor)

SHOW CAUSE ORDER

To: , a minor

To:Parent, guardian or person having care & custody of minor or the estate belonging to minor

Upon the Petition for Guardianship filed by , it is

this day of , .

ORDERED by the Orphans’ Court that you show cause, if there be any, in writing on or before

, , why

Should not be appointed Guardian.

PROVIDED that a copy of the petition and this Show Cause Order is served upon

,

by certified mail, restricted delivery, no later than the day of , .

JUDGE

Instructions:

1. If the minor resides with the petitioner, service shall be made upon the minor and such other person as the court directs

2. Service on minor under 10 may be waived provided other service requirements are met. See Rule 10-203(a) or Rule 10-302(a).

3. The petitioner shall mail a copy of the petition and show cause order to the attorney for the minor, unless the court orders otherwise. See Rule 10-203(b) and Rule 10-302(b).

4. The petitioner shall mail by ordinary mail AND by certified mail, the petition, show cause order and Notice to Interested Persons form, to all interested persons, unless the court orders otherwise. See Rule 10-203(c) and Rule 10-302(c).

1322 Please type or print neatly

GUARDIANSHIP BOND

Guardianship of Minor:

Guardianship Number:

KNOW ALL MEN BY THESE PRESENTS:

This day of , that we,

as Principal and ,

A corporation of the State of Maryland, in the sum of:

.

THE CONDITION OF OBLIGATION IS SUCH, that if the said

Shall well and truly perform the office of Guardian as designated by The

Orphan's Court for Montgomery County, Maryland, and shall in all respects

discharge the duties required of the Guardian of

by law as fiduciary without any injury or damage to any person interested

in the faithful performance of said office, then the above obligation shall be

void; shall otherwise remain in full force and effect.

GUARDIAN SURETY

Address Address

Attorney in fact

Guardianship Bond 8/991317

THE STATE OF MARYLAND

REGISTER OF WILLS FOR

Guardianship No.

PROOF OF RESTRICTED GUARDIANSHIP ACCOUNT

This is to certify that in accordance with the Order of the Orphans' Court for Montgomery

County, Maryland, an account or certificate* (No. ),

Has been opened by ,

Guardian for

Minor, in the amount of

with the Name of Institution

Address

this day of .

THE ABOVE ACCOUNT (AND ANY INTEREST ACCRUED THEREON) IS SUBJECT TO WITHDRAWALS ONLY UPON ORDER OF THE ORPHANS' COURT FOR . NO ATM OR SIMILAR CARD SHALL BE ISSUED FOR THIS ACCOUNT. THE ACCOUNT CANNOT BE CLOSED AT THE TIME THE MINOR ATTAINS THE AGE OF MAJORITY WITHOUT A COURT ORDER.

Bank Official's Signature

This ORIGINAL Form must be returnedNo later than 30 days from date of Printed Name

Appointment to:

Register of Wills for Montgomery County50 Maryland Avenue Room 322Rockville, Maryland 20850-2397

Telephone Number

* A separate account must be opened for each minor involved.Each account shall not exceed $75,000.

1319Restricted Guardianship Account

IN THE ORPHANS’ COURT FOR(OR) , MARYLAND


IN THE GUARDIANSHIP ESTATE OF: GUARDIANSHIP ESTATE NO: (Minor)Part I.

GUARDIAN’S INVENTORY

The GUARDIANSHIP ESTATE now consists of the following assets:

(attach additional sheets, if necessary; each item listed shall be valued by the guardian at its fair market, as of the date of the appointment of the guardian or the assumption of jurisdiction by the court; unless the court otherwise directs, it shall not be necessary to employ an appraiser to make any valuation; state amount of any mortgages, liens, or other indebtedness, but do not deduct when determining estimated fair market value)

REAL ESTATE(State location, liber/folio, balance of mortgage, and name of lender, if any)

ESTIMATED FAIRMARKET VALUE

$

TOTAL $CASH AND CASH EQUIVALENTS(State name of financial institution, account number, and type of account)

PRESENT FAIRMARKET VALUE

$

TOTAL $PERSONAL PROPERTY(Itemize motor vehicles, regardless of value; describe all other property generally if total value under $1500; state amount of any lien; itemize, if total value is over $1500)


$

TOTAL $STOCKS(State number and class of shares, name of corporation)


$

TOTAL $BONDS(State face value, name of issuer, interest rate, maturity date)


$

TOTAL $

1318 Page 1 of 2Inventory and Information Report Please type or print neatly

OTHER(Describe generally, e.g., debts owed to estate, partnerships, cash value of life insurance policies, etc.)


$

TOTAL $

Part II. INFORMATION REPORT

(1) Are there any assets in which the minor or disabled person holds a present interest of any kind together with another person in any real or personal property, including accounts in a credit union, bank, bank, or other financial institution?

No Yes If yes, give the following information as to all such property:

Name, Address, andRelationship of Co-Owner

Nature of Property

Descriptionof Interest

Total Value of Property

(2) Does the minor or disabled person hold an interest less than absolute in any other property which has not been disclosed in question (1) and has not been included in the inventory (e.g., interest in a trust, a term for years, a life estate)?

No Yes If yes, give the following information as to each such interest:

Description of InterestAnd Amount or Value

Date and Type of Instrument Establishing Interest

VERIFICATION:I solemnly affirm under the penalties of perjury that the contents of this inventory and information report are

true and complete to the best of my knowledge, information, and belief.

Date Date

Signature of Guardian Signature of Guardian

Address Address

Telephone Number Telephone Number

Name of Guardian’s Attorney

Address

Telephone Number

IN THE ORPHANS’ COURT FOR , MARYLAND

In the Matter of: :, : Guardianship No.

Minor

GUARDIAN’S ACCOUNT

I, _________________________________________________, make this periodic final Fiduciary’s Account for the

Period from ____________________________________to ______________________________________.

Part I. The GUARDIANSHIP ESTATE now consists of the following assets: (attach additional sheets, if necessary; state amount of any mortgages, liens, or other indebtedness, but do not deduct when determining estimated fair market value) REAL ESTATE(State location, liber/folio, balance of mortgage, and name of lender, if any)


$

TOTAL $B. CASH AND CASH EQUILVALENTS (State name of financial institution, account number, and type of account)


$

TOTAL $C. PERSONAL PROPERTY (Itemize motor vehicles, regardless of value; describe all other property generally if total value under $1500; state amount of any lien; itemize, if total value is over $1500)


$

TOTAL $D. STOCKS (State number and class of shares, name of corporation)


$

TOTAL $E. BONDS (State face value, name of issuer, interest rate, maturity date)


$

TOTAL $F. OTHER (Describe generally, e.g., debts owed to estate, partnerships, cash value of life insurance policies, etc.)


$

TOTAL $

1320Guardianship Account

Part II. The following income was collected and disbursements were made: (attach additional sheets, if necessary)A. INCOME (State type, e.g. pensions, social security, rent annuities, dividends, interest, refunds):

AMOUNT$

TOTAL $B. DISBURSEMENTS(State to whom paid and purpose of payment)

AMOUNT$

TOTAL $

C. SUMMARYAMOUNT

Total Income………………………………………………………………………. $

Total Disbursements……………………………………………………………… $( )

Net Income/(Loss)………………………………………………………………… $

Part III. The following changes in the assets of the Guardianship Estate have occurred since the last account: (attach additional sheets if necessary)

A. ASSETS ADDED

Date Description of Transaction Gross Purchase PriceValue at date of acquisition if

other than by purchase

B. ASSETS DELETED

Date Description of TransactionGross SaleProceeds Selling Costs Carrying Value Gain (Loss)

A Summary of the Guardian Estate is a follows:

Type Property

Value reported on lastGuardianship Account

Value reported on thisGuardianship Account

A. Real Estate $ $B. Cash and Cash Equivalents $ $C. Personal Property $ $D. Stocks $ $E. Bonds $ $F. Other $ $ Total $ $


The Fiduciary bond, if any, has been filed in this action in the amount of $______________________________________.


VERIFICATION:I solemnly affirm under the penalties of perjury that the contents of this account are true and complete to the best of

my knowledge, information, and belief.

Date Date

Signature of Guardian Signature of Guardian

Address Address

Telephone Number Telephone Number

Name of Guardian’s Attorney

Address

Telephone Number

REPORT OF GUARDIANSHIP CLERK

I, the undersigned Guardianship Clerk, certify that I have examined the attached Guardianship Account in accordance with the Maryland Rules.

Matters to be called to the attention of the Court are as follows:

Date Signature of Guardianship Clerk

Address of Guardianship Clerk Telephone No. of Guardianship Clerk


IN THE ORPHANS’ COURT FOR , MARYLAND


IN THE GUARDIANSHIP ESTATE OF: GUARDIANSHIP ESTATE NO: (minor)

PETITION FOR TERMINATION OF GUARDIANSHIP

TO THE HONORABLE, THE JUDGES OF SAID COURT:

The Petitioner, , Guardian and (relationship)

of , Minor, does hereby request that the Guardianship of

be terminated.

1. attained the age of majority on .(name of minor) (date)

2. Name and address of each interested person, if applicable, is attached.

3. The Petitioner has exercised no control over any property of the minor.

4. The final account balance to be received by the minor is .

WHEREFORE, the petitioner requests that this guardianship be terminated.

I do solemnly declare under the penalties of perjury that the contents of the foregoing document are true and complete to the best of my knowledge, information, and belief.

Date Guardian

1321Terminate Guardianship Please type or print neatly


IN THE GUARDIANSHIP OF: * GUARDIANSHIP NO: *

**

ORDER

GUARDIAN OF THE PROPERTY

Upon consideration of the verified Petition for Guardianship of the Property filed here

by , it is this day of ,

, by the Orphans’ Court for Montgomery County, Maryland,

ORDERED: that , be hereby, appointed

Guardian of the Property of , with all the rights, duties,

and powers as set forth in Estates and Trusts Article, Section 13, Subtitle 2, of the annotated

Code of Maryland; and it is further,

ORDERED: that said Guardian file a bond in the amount of ; if the bond

is waived it is further

ORDERED: that said Guardian be permitted to serve without bond provided that all

monies of said minor child are placed in a restricted account at a federally insured financial

institution and withdrawals of principal and interest be made by Court Order only, it is further,

ORDERED: that the fiduciary shall provide proof of the opening of a restricted account

within (30) days from the date of this order to the Register of Wills Office; it is further,

1323

ORDERED: that an inventory and or inventory and information report be filed within

(60) days of this order, it is further:

ORDERED: that annual accounts shall be made to the Court until the child reaches

the age of majority, at which time a final account and petition to terminate must be filed; it is

further,

ORDERED: that the guardian shall advise this Court of any change of address of the

guardian or the minor subject of these proceedings.

Judge

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Documents

Montgomery County Guardianship Forms