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Maryland Guardian Bond
When a person cannot care for themselves or their financial needs, the court may appoint a guardian on their behalf. The Maryland Circuit Court appoints a guardian of the person or guardian of the property to make decisions for that protected person.
Maryland Estates and Trusts Code 13-208 and Maryland Court Rule 10-702 require guardians of the property to post a surety bond with the circuit court before being appointed. The surety bond safeguards the protected person’s assets from any financial harm caused by the guardian's actions.
Have any questions? Give us a call at (855) 470-0877 and speak to a live Maryland probate bond expert.
What Size Bond Do You Need?
Once the court determines guardianship is necessary, the judge will issue an order appointing a guardian and setting the required bond amount. The court will set the bond amount at their discretion and only requires a bond if the fiduciary controls the protected person’s property. If you have not filed a petition for guardianship or had your court hearing yet, you must complete these steps before obtaining a bond.
Maryland Estates and Trusts Code 13-208e states the bond amount should be no greater than the full value of the property under the guardian’s control. The court may reduce the bond amount by the value of any funds deposited in a court-restricted account. The court may increase or decrease the bond amount at any time to reflect any change in the protected person’s property.
How Much Does the Maryland Guardian Bond Cost?
The Maryland Guardian Bond costs a minimum of $85 per year. Apply online in minutes or call one of our probate bond experts at (855) 470-0877 to find out exactly how much your bond will cost.
For a quick price indication, guardians can follow the steps listed below:
- Determine the Required Bond Amount
After hearing on a guardianship petition, the circuit court judge will sign an order appointing the guardian. The order will state the exact bond amount needed or waive the bond. The bond amount typically equals the value of the protected person’s property under the guardian’s control. Guardians should email a copy of this court order to probate@jetsurety.com during their application process.
- Calculate the Total Cost
Guardian bonds up to $17,000 in size will cost as low as $85 per year. For each additional $1,000 increase, the bond premium will increase by the corresponding amount outlined in the table below.
| Bond Amount | Additional Premium (per $1,000) | Bond Cost (1 year) |
|---|---|---|
| $0 - $17,000 | $85 flat rate | $85 |
| $11,001 - $50,000 | $5.00 | $85 - $250 |
| $50,001 - $200,000 | $3.75 | $250 - $813 |
| $200,001 - $500,000 | $2.50 | $813 - $1,563 |
| $500,001 - $1,000,000 | $1.00 | $1,563 - $2,063 |
| $1,000,000+ | $0.50 | $2,063+ |
We provide discounted multi-year and tiered pricing that reduces the premium rate for larger bond amounts. Jet requires premiums to be paid in full for minor guardianship bonds based on the years until the minor turns 18. Note that rates may vary based on the applicant’s credit and other underwriting factors.
Why Is the Maryland Guardian Bond Required? Are There Surety Bond Exemptions?
When a guardian is appointed to manage a protected person’s property, the circuit court in Maryland may require a surety bond according to MD Code 13-208. The bond safeguards the interests and well-being of the person’s estate and serves as a form of insurance that guarantees the fiduciary's responsible and ethical behavior.
By requiring a bond, the court can help mitigate loss from the guardian's mismanagement or misuse of the estate assets. When a bond is on file, the courts can better hold the guardian accountable and ensure they adhere to Title 13 of the Maryland Estates and Trusts Code. The bond can also compensate the protected person for any losses incurred due to the guardian’s actions.
The court may waive or reduce the surety bond requirement in the following situations:
- The guardian is of the person only, not the estate
- The court determines that a bond is not necessary to protect the estate’s assets
- The total value of the estate assets is less than $10,000
- The fiduciary deposits a portion of the estate assets court-restricted account subject to prior court approval for release
What Are The Different Types of Guardians in Maryland?
A guardian of the person is legally responsible for taking custody of and providing care for a ward, including making medical and personal decisions on their behalf. In contrast, a guardian of the property only has authority and accountability over the ward's finances, property, and monetary matters. Title 13 of the Maryland Estates and Trusts Code dictates the responsibilities and duties of all guardians. Below are descriptions of each position, along with their corresponding bond requirements:
- Guardian of the Property: A person appointed to exclusively manage a protected person's financial affairs, including caring for their assets, applying for benefits and managing their bank accounts. Guardians of the property must obtain a bond pursuant to MD Code 13-208.
- Guardian of the Person: A person appointed by the court to make decisions for a person’s personal affairs and ensure that their basic needs are met. This type of guardian will not need a surety bond because they do not control the protected person’s assets.
- Guardian of the Person and Property: A person appointed to manage all aspects of a protected person’s finances and well-being, including caring for their property and meeting all personal needs. Guardians of the person and property must obtain a bond if they have any control over property.
Other Important Terms to Know
- Disabled Person: A person who the court has determined needs partial or full supervision due to a mental or physical incapacity
- Guardianship: A legal proceeding where the courts appoint a person to manage the financial and/or personal affairs of another person
- Guardian ad litem: An unbiased party, typically an attorney, appointed by the court to protect the best interests of the disabled person during the guardianship proceeding
- Estate: The total value of all money and other property owned by the protected person
- Fiduciary: A person or organization that acts on behalf of a protected person and is legally bound to act solely in their best interests. Guardians are a type of fiduciary.
- Interested Person: Any person or entity who has an interest in the welfare or finances of a protected person
- Minor: An unemancipated individual under 18 years of age
- Protected Person: A disabled adult or minor who cannot independently manage their affairs and is placed under the guardianship of an appointed individual
- Respondent: The minor or alleged disabled person who is in need of a guardian
- Surety Bond: A type of insurance that can reimburse the protected person for any financial damages caused by the guardian
How Is the Guardian of Property Chosen by the Circuit Court?
Any interested party may petition the court to appoint a guardian over another individual; petition forms can be found here. The petitioner must include relevant information about the alleged disabled person, the value and nature of their property, and two certificates of competency from health care professionals. Petitioners can find a step-by-step guide in the state’s Guardianship Handbook.
When considering who to appoint as guardian, the court attempts to appoint the person who best serves the protected person's interests. Generally, the order of appointment for guardians of property is as follows:
- A guardian or conservator who was appointed by the courts in another state or county
- A person or corporation nominated by the protected person in writing
- The protected person’s spouse or domestic partner
- The protected person’s parents
- A person or corporation nominated by the will of a deceased parent
- The protected person’s children
- The future heirs of the protected person’s estate
- A person or corporation nominated by the protected person’s current caretaker or government agency that is paying benefits to the protected person
- Any other person considered appropriate by the court
In all cases, the court will consider the preferred nominee made by the respondent and appoint the person who will serve the respondent's best interests. Appointed guardians must also complete training programs required by the circuit court before they can serve.
How to Apply for a Maryland Guardian Bond With Jet
Jet’s application process is simple and fast - our goal is to get the guardian bonded as quickly as possible so they can focus on their obligations. All we need is the bond amount and basic information about the case.
Once completed and submitted, you will receive your purchase price immediately, or a Jet underwriter will review the application. Some of the factors Jet considers when underwriting these types of bonds:
- If the applicant has ever committed a felony
- If there are disputes between the interested parties
- If the applicant has an attorney assisting with the estate
- Applicant’s credit history for bond limits over $25,000
Applicants for bond limits over $50,000 must submit documentation from the court for review, such as a petition for appointment and the order requiring the bond. If you have any questions about applying, please call our probate underwriters at (855) 470-0877.
How Does the Guardian Bond Get Filed with the Circuit Court?
When you purchase the surety bond, you will immediately receive a digital version of your bond with a receipt. Afterward, Jet will complete the bond form, attach our raised seal, and mail it to you. You simply need to sign the form and deliver it to the circuit court overseeing your case.
Jet has provided a chart at the bottom of the page with a list of all circuit court locations in the State of Maryland and any available contact information for their offices.
Can the Maryland Guardian Bond Be Canceled?
At Jet, we like to make things easy for our customers, and cancellation of your bond is no exception.
To cancel your bond, send us an email at probate@jetsurety.com or give us a call. When we receive your request, we’ll contact the circuit court to request a bond release. If the court provides a release showing you are no longer the guardian, we will cancel your bond and send you a refund for any unearned premium. We will refund any unearned premium charged after the first year of the bond on a prorated basis.
How Long Do You Need the Bond?
In Maryland, the circuit court requires that the bond remain on record throughout the fiduciary's entire appointment period until the guardianship is no longer needed or the minor turns 18 years old. Until that point, the court requires that the bond remains active.
As for renewing your bond, Jet sends a renewal invoice by email and mail before the bond term’s expiration date. As long as you make your renewal payment, the bond will remain active with the circuit court.
How Does a Guardian Avoid Surety Bond Claims in Maryland?
The circuit court expects the guardian to fulfill all duties and obligations under Title 13 of the Maryland Estates and Trusts Code. Failing to meet these requirements or not adhering to all court orders can result in a bond claim. Some common violations that may lead to a bond claim include the following.
Here are some violations that may lead to bond claims on the Maryland Guardian Bond:
- Committing negligence, embezzlement, or fraud
- Misusing or misappropriation of estate assets
- Buying or selling any part of the estate without court approval
- Acting outside of the powers specifically vested by the court
- Using estate funds or property for personal use
- Failing to submit inventory reports or account for all estate assets
Any person with proven damages caused by the guardian's actions, including the protected person, their legal representation, or any other interested party to the case, may file a claim against the bond.
What Happens if I Get a Claim on the Maryland Guardian Bond?
Upon receiving court notice of a claim on the bond, Jet has 30 days to pay the claim or ask for additional time to review it. Jet works tirelessly to protect fiduciaries against faulty claims. Even if the court has requested a bond payout, we assess all documentation provided by the court and the guardian before paying out the claim. However, as a fiduciary and indemnitor, you will ultimately be required to reimburse Jet Insurance Company for the full claim payout.
Circuit Court Locations in Maryland
Below is a list of all the county circuit court locations in the State of Maryland, as well as their addresses and contact information.
| County Court | Phone | Mailing Address | Judicial Circuit |
|---|---|---|---|
| Allegany County | 301-777-5922 | 30 Washington Street Cumberland, MD 21502 | 4th Circuit |
| Anne Arundel County | 410-222-1397 | 8 Church Circle Annapolis, MD 21401-1934 | 5th Circuit |
| Baltimore County | 410-887-2601 | P. O. Box 6754 Towson, MD 21285-6754 | 3rd Circuit |
| Baltimore City | 410-333-3722 | 100 N. Calvert Street Baltimore, MD 21202 | 8th Circuit |
| Calvert County | 410-535-1600 | 175 Main Street Prince Frederick, MD 20678 | 7th Circuit |
| Caroline County | 410-479-1811 | 109 Market Street Denton, Maryland 21629 | 2nd Circuit |
| Carroll County | 410-386-8710 | 55 North Court Street Westminster, Maryland 21157 | 5th Circuit |
| Cecil County | 410-996-5377 | 129 East Main Street Elkton, Maryland 21921 | 2nd Circuit |
| Charles County | 301-932-3201 | 200 Charles Street La Plata, MD 20646 | 7th Circuit |
| Dorchester County | 410-228-0481 | 206 High Street Cambridge, Maryland 21613 | 1st Circuit |
| Frederick County | 301-600-1976 | 100 West Patrick Street Frederick, Maryland 21701 | 6th Circuit |
| Garrett County | 301-334-1937 | P.O. Box 447 Oakland, MD 21550 | 4th Circuit |
| Harford County | 410-638-3426 | 20 West Courtland Street Bel Air, MD 21014 | 3rd Circuit |
| Howard County | 410-313-2111 | 9250 Judicial Way Ellicott City, Maryland 21043 | 5th Circuit |
| Kent County | 410-778-7460 | 103 North Cross Street Chestertown, MD 21620 | 2nd Circuit |
| Montgomery County | 240-777-9400 | 50 Maryland Avenue Rockville, Maryland 20850 | 6th Circuit |
| Prince George's County | 301-952-3318 | 14735 Main Street Upper Marlboro, MD 20773 | 7th Circuit |
| Queen Anne's County | 410-758-1773 | 200 N. Commerce Street Centreville, MD 21617 | 2nd Circuit |
| Somerset County | 410-845-4840 | 30512 Prince William Street Princess Anne, MD 21853 | 1st Circuit |
| St. Mary's County | 301-475-7844 | 41605 Courthouse Drive Leonardtown, MD 20650 | 7th Circuit |
| Talbot County | 410-822-2611 | 11 N. Washington Street Easton, MD 21601 | 2nd Circuit |
| Washington County | 301-733-8660 | 24 Summit Avenue Hagerstown, MD 21740 | 4th Circuit |
| Wicomico County | 410-543-6551 | P.O. Box 198 Salisbury, MD 21803-0198 | 1st Circuit |
| Worcester County | 410-632-5500 | One West Market St., Room 104 Snow Hill, MD 21863 | 1st Circuit |
