How to File for Guardianship in Maryland
In Maryland, filing for guardianship is a significant step in ensuring the well-being and care of individuals who cannot make decisions for themselves.
Whether it’s for a minor child, an adult with disabilities, or an elderly individual facing cognitive decline, establishing guardianship involves legal procedures and multiple special considerations before guardianship is granted. This guide is designed to clarify the steps involved in setting up guardianship in Maryland, empowering individuals and families to navigate this important but challenging process with confidence.
If you’re considering setting up a guardianship in Maryland, we first highly recommend contacting our Maryland law office at (301) 456-0982 or filling out our online form for a FREE consultation to assess your situation and advise you on the next steps. This can be a challenging process for everyone involved, and we believe in equipping people with the critical knowledge they need to navigate this transition as smoothly as possible.
What is Guardianship?
A guardianship is a legal relationship where a court appoints an individual or entity to make personal and/or financial decisions on behalf of someone who is unable to do so themselves. This could include decisions related to healthcare, living arrangements, financial matters, and more.
What is a Guardian?
A guardian is the person who is appointed to make decisions for another person.
What is a Ward?
A ward is the legal term for someone whom a guardianship is placed over.
Types of Guardianship in Maryland
In Maryland, several types of guardianship can be appointed based on the individual needing care and the kind of care required.
1. Guardianship of a Minor
Guardianship of a minor is appointed when a child’s parents cannot care for them or make decisions on their behalf, either because of their own incapacity or death. Guardianship of a minor does not require the minor child to be incapacitated. It is often appointed as a temporary measure pending either the parents re-establishing their care or formal adoption by another adult.
2. Guardianship of an Adult:
Guardianship of an adult, also known as “guardianship of a person,” is established for individuals who are incapacitated due to physical or mental disabilities. This type of guardianship is the most strenuous to establish as legal proof of an adult's incapacity to make their own decisions must be established, and the potential guardian in question must establish their ability to care for the adult for the duration of the guardianship.
This is also the most broad form of guardianship for adults, allowing the guardian complete control over all aspects of an individual’s life. For this reason, it’s one of the most challenging to establish.
3. Limited Guardianship
Limited guardianship grants the guardian specific powers and responsibilities rather than full authority over all aspects of the individual’s life. This kind of guardianship is designed to maximize the independence of the individual the guardianship is being placed over while still giving the guardian some control over areas of their life they may not be able to manage independently.
For example, some individuals can make basic decisions for themselves, like choosing where they want to live or selecting their own caregivers, but cannot manage complex financial decisions. In cases like this, a limited guardianship that only appoints the guardian control over their financial choices may be more appropriate than a general guardianship. Guardianships that only apply to the property of a person instead of the person themselves are also known as “guardianship of property.”
How to File for Guardianship in Maryland
The process for filing for guardianship in Maryland is very similar to other states. It will involve a petition, medical evaluation, and court hearing to determine whether guardianship is appropriate for the individual.
The steps in a guardianship process in Maryland include:
1. Petition for Guardianship
The process begins by filing a petition with the Orphans' Court in the county where the alleged incapacitated person resides.
2. Medical Evaluation
Typically, the court will require a medical evaluation of the individual to assess their capacity and determine the need for guardianship.
3. Notice to Interested Parties
Notice of the guardianship petition must be provided to certain interested parties, including family members and potential wards.
4. Court Hearing
A hearing is scheduled where the court will review the petition, evidence, and any objections from interested parties.
5. Appointment of Guardian
If the court determines that guardianship is necessary and appropriate, it will appoint a guardian and specify the scope of their authority.
6. Guardian’s Duties and Reporting Requirements
The appointed guardian must fulfill their duties responsibly and may be required to submit periodic reports to the court detailing their actions and decisions.
Since guardianship is a long and often complicated process, it is highly advisable that you work with a Maryland attorney who specializes in guardianship proceedings. They will help you build an effective petition and guide you through any challenges that may arise during the medical evaluation and hearing process.
Things to Consider When Filing for Guardianship in Maryland
Legal Representation
Seeking guidance from an experienced attorney specializing in guardianship matters can be invaluable in navigating the legal complexities and ensuring compliance with Maryland laws.
If you’re seeking guardianship in Maryland, you can contact our law office for a FREE consultation to determine your eligibility and next steps. We have extensive experience navigating the complex guardianship laws in Maryland and can help you procure the best possible care for your loved one without being bogged down in the legal processes.
Documentation and Records
Maintaining thorough documentation of all decisions and actions taken as a guardian is essential for accountability and legal compliance. You’ll need to create a plan for creating and storing these documents, and we strongly advise you to consult with your attorney to understand the documents you’ll need to create and submit for each action you take as a guardian.
Regular Review
Guardianships should be periodically reviewed to ensure they continue to serve the best interests of the individual. Changes in circumstances or the individual's condition may necessitate modifications to the guardianship arrangement.
Again, these regularly changing circumstances and dynamics are why we always advise you to seek ongoing legal counsel when seeking guardianship.
Conclusion
Setting up a guardianship in Maryland is a legal process that requires careful attention to detail and adherence to specific procedures. By understanding the steps involved and seeking appropriate legal guidance, individuals and families can navigate this process effectively, ensuring the protection and well-being of those who are unable to care for themselves.
Remember, establishing guardianship is not only a legal obligation but also a profound responsibility to provide compassionate care and support to vulnerable individuals within our families and communities.
If you’re ready to start the guardianship process for your loved one, reach out to us at (301) 456-0982 or fill out our contact form for a FREE consultation where we’ll take time to understand your unique situation and create a plan that will help you and your family member move forward with this challenging but necessary transition.