How Do I Name a Guardian for My Minor Children in Maryland?
See how a parent names a guardian for their minor children in Maryland, what weight the court gives your choice, and your options for temporary care.
Frequently Asked Questions
In Maryland, a parent names a guardian for a minor child in a will (Md. Code, Est. & Trusts §§ 13–701, 13–702, 13–201, 13–207). It needs your signature. You can record it alongside the rest of your estate plan when you create a revocable living trust.
When a parent has named a guardian, the court must appoint the guardian the parent named (Md. Code, Est. & Trusts §§ 13–701, 13–702, 13–201, 13–207).
No. In Maryland, a guardian is named in your will or the guardianship petition, not a standalone declaration.
Yes. Maryland allows a Standby Guardian Designation (parental written designation) (Md. Code, Est. & Trusts § 13–904): any adult can be authorized for a limited time (up to 6 months) without transferring custody.
In Maryland, a child 14 or older may choose their guardian, subject to the court's approval (Md. Code, Est. & Trusts § 13–702).
Maryland uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (Md. Code, Est. & Trusts §§ 13–207, 13–702)
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