Guardianship

What is Guardianship?

Guardianship, or conservatorship, occurs when a person requests the court's appointment of an individual to manage the personal or financial affairs of another person. Guardians and conservators are typically appointed to represent a minor or an incapacitated adult who are incapable of making their own decisions.

Children will often seek guardianship for aging parents that have lost their ability to make sound personal and financial decisions. Guardians are meant to provide guidance and oversee decision-making.

There are other instances when a guardianship is needed. For example, if an adult has become mentally incapacitated or incompetent, they will not be able to make decisions for their own best interest. After an examination and court order, a guardianship may be created for that adult in order to ensure they are safe, happy, healthy, and most importantly - protected.

Other adults may function with diminished capacity in some areas of their lives. Perhaps they can manage much of their own affairs but still need assistance with others. A limited guardianship may be very helpful for an adult like that but it can only be created and implemented through a legal process and court order.

No matter the reason or the situation, guardianship should be handled with serious care and attention to detail and expertise. At PathFinder Law Group, we know just what is needed to prove to a judge and court that guardianship is the only way forward.

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Why is Guardianship beneficial?

Guardianship, at its core, is really about taking care of someone who cannot take care of themselves when there are no other alternatives available. At the end of the day, this is the goal of those seeking a guardianship and, as you can understand, it is a very sensitive situation.

Guardians can be extremely beneficial for a person with a loved one who is incapacitated to ensure sound personal and financial decisions are made.

For those who have a loved one who is a vulnerable adult, a guardianship can give peace of mind and allow them to rest assured knowing that the people they care about are receiving the appropriate supervision. They can feel secure in knowing they are in appropriate hands and protected to the fullest extent of the law.

Our team can assist clients with filing a petition for the appointment of a guardian. Once the guardian is appointed, we can help with annual court filings and bond renewals, as needed.

Our team can assist with all aspects of Guardianship, including:

Abuse in the Guardianship
Conservatorship and the Adult Guardianship
Guardian of the Person of a disabled person
Guardian of the Property of a disabled person
Guardian of the Person and Property
Guardian of the Property for a minor
Conservatorship Legal Support
Determining Incapacity
Loss of Contact
Neglect in the Guardianship
Petitioning for Guardianship
and more...

When should I visit an Guardianship attorney?

If you are in the situation that you think may require guardianship, you should not waste any time and contact us today. The longer you wait, the more perilous circumstances can become. For those who require guardianship, time is of the essence, especially if the situation relates to elderly people or those who are suffering from severely limited functioning.

Here are a few examples of when you should consult with your guardianship and conservatorship attorney:

You have a loved one that has become incapacitated and can no longer make sound personal and financial decisions.
You are related to a minor who is receiving an inheritance and cannot financial decisions due to the minor's age.
You have been served with an incompetency proceeding and are interested in challenging the petition.
There is debate among people in your family about if someone close to you needs or does not need guardianship.

PathFinder Law Group Estate Planning Attorneys in Baltimore, Maryland are experienced Guardianship & Conservatorship Law Attorneys who can help you to navigate through this very tricky, complicated, and stressful area of law. Guardianships can make peoples' lives so much better but it must be done correctly with precise understanding of legality and who needs and does not need guardianship. If you are seeking guardianship for someone you care for, only the very best is acceptable. Contact Pathfinder Law Group or call us at (443) 579-4529 to assist you in Elder Law issues and all your Estate Planning needs.

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Guardianship F.A.Q.

How do you get guardianship of a child? To be appointed guardian of the person or property, or both, for a child person requires a court process. The court will need to see that the child is a minor and a specific reason will need to be provided.

How do you get guardianship of a disabled person? To be appointed guardian of the person or property, or both, for a disabled person requires a court process. For guardianship of a disabled person, two certificates will need to demonstrate that the individual lacks the capacity to make decisions for themselves and someone needs to control their finances or daily life choices. The court will require that guardianship be the only remaining alternative for the

How long does a guardianship order last? Typically, a guardianship order will last through a person's lifetime unless there is a reason to terminate the guardianship earlier.

Is there training on how to be a guardian? In many states, the court requires the guardian to attend a training or orientation, or both, to understand their responsibilities and how they are supposed to act as guardian.

Can a guardianship be reversed? A guardianship can and should be reversed when a person no longer needs the guardianship to be in place. For example, if there is guardianship because a person is in a coma and the person comes out of the coma, a guardianship may no longer be necessary.

When can a guardian be removed? A person is removed from guardianship if they are failing to meet court reporting requirements or if they are not acting in the best interest of the person they are assisting.

How do you remove someone from guardianship? A guardian is removed by court order. The guardian may be removed because guardianship is no longer needed or the guardian has failed to meet the guardianship standards.

What is an advance medical directive? Advance medical directives, also known as Healthcare Power of Attorney and Living Will, designate who will make medical decisions should you not be able to make the decision yourself and how you would like to receive medical care and treatments.

What is the power of attorney? A financial power of attorney defines who has the authority to make your legal and financial decisions when you pass away or if you are no longer able to make them for yourself.