Maryland Guardianship

Maryland Guardianship

Are you concerned about a loved one who has lost the ability to make decisions for themselves? Are you worried that their well-being and interests may not be protected? If so, you may need to pursue Maryland Guardianship in order to make sure that your loved one's needs get met.

Guardianship is a legal process that grants authority to a responsible person, known as the guardian, to make decisions on behalf of the individual, referred to as the ward.

However, the process of petitioning for and being appointed as the legal guardian for a loved one can be complex and challenging. Navigating the legal system and fulfilling the various requirements can be overwhelming, particularly when dealing with the emotional stress of caring for a vulnerable loved one. PathFinder Law Group is here to help. PathFinder Law Group can step in to provide much-needed assistance during this tough time.

Your job is to protect your loved ones and keep them safe and healthy. Our job is to help you get appointed as their guardian and be with you every step of the way.

What is Maryland Guardianship?

Guardianship is a legal arrangement designed to help you care for someone who can't make important decisions or look after themselves. By appointing a guardian, the court grants a responsible person the authority to make decisions on behalf of your loved one, ensuring their best interests are protected.

When is Guardianship Appropriate?

Guardianship is appropriate when no less restrictive measure-such as power of attorney-is feasible. Guardianship provides essential protection and support for vulnerable individuals, upholding their well-being, safety, and best interests.

Situations that may require guardianship

Guardianship is primarily used for an individual who is unable to make critical decisions or care for themselves due to factors such as:

• Age;
• Medical issues;
• Physical disability;
• Cognitive impairment;
• Dementia or Alzheimer's;
• Special needs;
• Any other instance where a loved one is unable to care for themselves medically or financially.

Whether you're looking out for an aging parent with dementia or a child with special needs, guardianship provides a structured and monitored way to safeguard their well-being, rights, and dignity, giving you the peace of mind that they are in your capable and caring hands.

Types of Guardianship and Duties

There are 3 recognized types of guardianship in Maryland: medical guardianship, financial guardianship, and full guardianship.

Medical Guardianship

Medical guardianship-also called guardianship of the person-is when a guardian assumes responsibility for the care and well-being of a ward who is unable to make decisions for themselves.

Duties include making decisions related to:

• Healthcare;
• Living arrangements;
• Education;
• Other aspects of their daily life, ensuring their best interests are protected.

Financial Guardianship

Financial guardianship-also called conservatorship or guardianship of the estate or property-is when a guardian is responsible for managing the financial affairs of a ward who is unable to do so themselves.

Duties include making decisions related to:

• The ward's assets;
• Paying bills;
• Making investments;
• Other financial decisions, all while acting in the ward's best financial interests.

Full guardianship

Full guardianship includes both medical guardianship (guardianship of the person) and financial guardianship (guardianship of the estate or property).

Understanding the Guardianship Process in Maryland

Navigating the guardianship process in Maryland may seem overwhelming, but understanding each step can make it more manageable. Here's a brief outline of the process in Maryland:

1. Assess the need for guardianship: Evaluate if guardianship is the best option for your situation-and what type of guardianship will best meet their needs.
2. Gather necessary documentation: Collect relevant medical, financial, and personal records that support the need for guardianship. This will include doctor's assessments, psychological evaluations, and perhaps financial statements. More details about documentation can be found on the Maryland Courts website.
3. File a petition: File a petition for guardianship with the appropriate Maryland court.
4. Notify relevant parties: Inform the proposed ward and other interested parties, such as family members, certain governmental agencies or close friends, about the guardianship petition.
5. Court hearing: Attend a hearing before a judge, where you'll present evidence and testimony to support the need for guardianship.
6. Court-appointed investigator: In some cases, the court may appoint an investigator to assess the proposed ward's situation, verify the need for guardianship, and provide recommendations to the judge.
7. Judge's decision: Based on the evidence and recommendations, the judge will decide whether to grant guardianship and, if so, outline the guardian's responsibilities and limitations.
8. Guardianship appointment: If the judge grants guardianship, the proposed guardian will need to accept he appointment and fulfill any requirements, such as posting a bond in case of financial guardianship.

Maryland guardianship is a complicated process. But an experienced Estates, Trusts, and Elder Law attorney like PathFinder Law Group makes the process as smooth as possible.