Legal Question in Family Law in Maryland
Guardianship and custody
What is the difference in guardianship and custody?
Asked on 4/21/09, 8:30 pm
1 Answer from Attorneys
Robert Sher
Wagshal and Sher
Re: Guardianship and custody
Guardianship is known as a fiduciary relationship, and can apply only to the ward's property, to the ward's person or to both. If it applies to the ward's person, practically speaking it's the same as custody on a day to day basis, although you could have adult guardianship for a mentally challenged person, whereas custody only applies to children until they are 18. As a guardian you must annually account for your actions on behalf of the ward, whereas custody is typically that of a parent or sometimes a grandparent.
Answered on 4/22/09, 9:34 am