Upon completion of the required court procedures, the court may issue an order appointing a guardian “of the person” and/or “of the property” for disabled persons or minors. A disabled person is a person other than a minor who has been judged by the court to be unable to manage his/her property and/or unable to provide for his/her daily needs. A minor is a person who has not reached the age of 18.

A guardian "of the person” is responsible for providing proper care (food, clothing, shelter, etc.) and making personal decisions for a disabled person or minor about important issues, such as education, finance, health care, etc. A guardian "of the person” of a disabled person is required to file an annual report to the court.
A guardian "of the property” is responsible for appropriately managing the money and other assets of a disabled person or minor and for keeping and safeguarding the financial records. A guardian "of the property” is required to file one initial report and annual reports to the court.

Duties of the Trust Clerk’s Office Regarding Guardianship

The duties of the Trust Clerk’s Office begin after the court has issued an Order of court appointing a permanent guardian for certain types of guardianships or placing an existing fiduciary estate under the jurisdiction of the court. At this time, the case file is relocated from Central Files to the Trust Clerk’s Office within the Courthouse. The Trust Clerk’s Office administers three types of active guardianship cases:

Guardianships of the person of disabled persons
Guardianships of the property of disabled persons
Guardianships of the property of minors

Because there is no reporting requirements for guardianships of the person of minors, files for the cases that solely involve the guardianship of the person of a minor remain in Central Files.

The specific functions handled by the Trust Clerk’s Office include:

Notifying the guardians and other fiduciaries concerning the reports and other documents required to be filed in accordance with the Maryland Rules and Order(s) of court issued in each case;
Pursuing the court procedures involved for reports and other required documents that are past due to be filed;
Keeping the case files updated for new filings; and
Examining the Annual Fiduciary Report (Fiduciary’s Account) that is required to be filed by guardians of the property and other fiduciaries and preparing a Report of Trust Clerk to the Court

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Guardianship Reporting and Other Filing Requirements

Report Filing Requirements for a Guardian of the Person of a Disabled Person

Report Filing Requirements for a Guardian of the Property of a Disabled Person or a Minor

The rules pertaining to Maryland guardianships are found in the Annotated Code of Maryland, Maryland Rules, Title 10 and the Estates and Trusts Article Titles 13 and 15.

Click here for on-line sources of Maryland Laws (available from Maryland State Law Library).

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Report Filing Requirements for a Guardian of the Person of a Disabled Person

Annual Report Requirement

A guardian of the person of a disabled person is required to file an annual report with the Trust Office of the Circuit Court of Montgomery County each year within 60 days after the end of the guardianship year. Generally, the guardianship year begins on the date of appointment, which is the date the Order of Court appointing the guardian is signed. The Annual Report includes information about living arrangements, physical and mental condition, and plans for future care of the disabled person.

Approximately two months prior to the end of the guardianship year, the Trust Clerk’s Office will send a notification letter along with the Annual Report form to the guardian reminding him/her of the reporting requirement.

Click here for a copy of the Annual Report form.

Once the Trust Clerk’s Office receives the completed Annual Report, the court reviews the report and either enters an Order accepting the report and continuing the guardianship for another year or takes other appropriate action.

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Report Filing Requirements for a Guardian of the Property of a Disabled Person or a Minor

A guardian of the property of a disabled person or a minor is required to file an initial report and annual reports.

Initial Reporting and Other Filing Requirements

Guardians of the property of a disabled person or a minor are required to file a completed Inventory and Information Report within 60 days of the date of appointment.

The Trust Clerk’s Office will send the guardian a letter regarding this requirement and a blank Inventory and Information Report form shortly after the Order of Court appointing the guardian has been signed.

The Inventory and Information Report includes such information regarding the disabled person’s or minor’s assets as real estate property, cash and cash equivalents, stocks, bonds, personal property, and so forth.

Click here for a copy of the Inventory and Information Report.

In some situations, guardians may be required to file additional documents. The Trust Clerk’s Office provides notification and any applicable blank forms to the guardian for the additional documents. They may include:

An Appointment of Resident Agent form that is required if the guardian is not a resident of Maryland.
The court may order the guardian of the property to file a fiduciary bond to ensure the faithful performance of the guardian. If a fiduciary bond is ordered by the court, the original bond document signed by the guardian is required to be filed with the Trust Clerk’s Office.
An Acknowledgment of Deposit of Restricted Funds form is required if a restricted bank account has been ordered by the court that requires prior authorization by Order of Court for any withdrawals.

Annual Reporting, Supporting Documents, and Filing Fee Requirements

Guardians of the property of a disabled person or a minor are also required to file a completed Annual Fiduciary Report within 60 days after the end of each guardianship year.

Approximately two months prior to the end of the guardianship year, the Trust Clerk’s Office will send a notification letter along with the Annual Fiduciary Report form to the guardian reminding him/her of the reporting requirement.

Click here for the Annual Fiduciary Report form.

The Annual Fiduciary Report includes such information regarding the disabled person’s or minor’s assets (calculated as the values of the assets at the beginning and end of the guardianship year), the income received, disbursements made, and changes in the values of the non-cash assets that occurred during the guardianship year. Supporting documents for the assets’ values and transactions reported are required to be submitted along with the Annual Fiduciary Report.

Supporting documents for the Annual Fiduciary Report

Supporting documents (originals or copies are acceptable) are required to substantiate the assets’ values and transactions that are reported in the Annual Fiduciary Report. These documents include all bank statements and account statements for the entire reporting period from other financial and/or investment institutions, cancelled checks, settlement statements on the sale or purchase of real property, deeds, motor vehicle titles, or any receipts for assets purchased during the period. Receipts or other underlying source documents are required to be submitted for disbursements that include payments made by check for which the cancelled check is not available or the payee information is not printed on the account statement, checks made payable to cash or to the guardian, payments for credit card charges, and withdrawals of cash, etc.

A filing fee is due at the time the Annual Fiduciary Report is filed with the court. Payment may be made from the fiduciary estate by check payable to the “Clerk of the Circuit Court”. The filing fee is based on the total value of the assets at the end of the reporting period.

Annual Fiduciary Report Filing Fee

Total assets at the end of the reporting period

Filing fee

Under $10,000

$20.00

$10,000 - $25,000

$30.00

Over $25,000

$40.00

Upon receiving the completed Annual Fiduciary Report, the Trust Clerk examines the report and supporting documentation and prepares the Report of Trust Clerk. The Report of Trust Clerk identifies matters to be called to the attention of the court and will recommend either that the Annual Fiduciary Report be accepted by the court through an executed Order of Court, or that the matter of acceptance be set for a hearing that the guardian is required to attend.

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Forms

Guardian of the Person of a Disabled Person

Annual Report (annual)

Guardian of the Property of a Disabled Person or a Minor

Annual Fiduciary Report (annual)

Inventory and Information Report (initial report)

Appointment of Resident Agent (may be required)

Acknowledgment of Deposit of Restricted Funds (may be required)

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Judicial Center, 50 Maryland Avenue, Rockville, Maryland 20850
Normal Office Hours: Monday through Friday, 8:30 AM - 4:30 PM

Notice to Persons Who File Documents With a Court (new Rule 1-322.1. effective 7/1/2013).

Notice Regarding Building access to the Montgomery County Circuit Court:

The building will open at 7:30 AM Monday through Friday.
The building will close at 6:00 PM on Monday and Friday, and at 8:00 PM Tuesday, Wednesday and Thursday.

(Effective Date:4/12/2013) Please pardon our construction progress!!

The Montgomery County Circuit Court is expanding and as we renovate the court and construct a new annex, please follow our progress at Please follow our progress at Judicial Center Annex website.

Due to construction, the Montgomery County Circuit Court Maryland Avenue entrance to the Judicial Center will be closed to staff and pedestrian traffic for approximately 6 months starting on or about September 10, 2012. Signage will be posted on and around the exterior of the building as well as in the Rockville Core area directing people to enter through the Monroe Street side of the building or the Terrace level entrance from the Executive Office Building.

Almost the entire atrium portion of the Lobby will be blocked from usage, therefore space will be tight and we ask for your indulgence. Again, please pardon our progress and thank you for your patience.

PLEASE ALSO NOTE: All Sheriff's sales and other legal auctions have moved to the Judicial Center's Monroe Street Entrance. Attorney, law enforcement, juror, employee and all other pedestrian access to the Judicial Center will be exclusively through the Monroe Street or Montgomery County Executive Office Building cafeteria entrances.

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