When can an adult apply for guardianship over a minor?

An adult can apply for guardianship over a minor after submitting a court petition that is granted. This process is governed by Maryland law, where the court must evaluate the petition and determine whether it is in the best interest of the minor for the adult to be appointed as their guardian. The legal framework ensures that a thorough consideration of the circumstances surrounding the minor’s welfare is conducted, and the decision is not made arbitrarily.

In this context, the requirement to submit a court petition underscores the legal structure in place to protect minors and ensure that guardianship arrangements are appropriate and beneficial. It emphasizes that the legal system is involved in safeguarding the interests of the child, rather than allowing informal arrangements or assumptions about guardianship.

The notion of guardianship being contingent solely on the minor's school enrollment or the unfitness of the parents does not capture the full scope of legal requirements. Furthermore, imposing a yearly review as the only criterion does not reflect how guardianship is established and maintained under Maryland law. This less formal notion fails to recognize the judicial role in formally assigning guardianship through the court system.