Maryland Guardianship Attorney

Individuals who lack the capacity to make sound decisions for themselves, or to care for themselves or their property, may need legal protection. Unless the person has made arrangements in advance through a power of attorney, a guardian may need to be appointed.

In the legal guardianship process, the court determines whether a person is legally incapacitated and in need of someone to make their decisions and oversee their affairs.

What is Guardianship?

If a court finds that a person is legally incapacitated, they may appoint someone to have guardianship of the person, their property, or both. The person who is subject to a guardianship is called a ward.

A guardian of the person is responsible for seeing that the ward is properly cared for, with appropriate food, shelter, clothing, and other basic needs. They also have the authority, and the responsibility, to make important decisions (like education, housing, and health care) in the best interests of the ward.

A guardian of the property is responsible for managing the money, property, and financial paperwork of the ward. A guardian of the property is considered a fiduciary, someone who must act honestly and ethically in their management of the ward’s assets, and use those assets for the ward’s benefit. As a fiduciary, the guardian must put the ward’s interests first.

Who Needs a Guardian?

There are many situations in which someone might need legal guardianship, such as:

• A minor child whose parents are deceased, incarcerated, or otherwise unavailable to care for them
• A child with developmental disabilities who is turning 18 but still needs a responsible adult to care for them as a parent would
• An adult who suffers a sudden accident or illness that impairs their legal capacity to make decisions and care for themselves
• An adult with Alzheimer’s or other dementia that has progressed to the point they can no longer care for themselves or make responsible decisions.

Guardianship in Maryland exists for the protection of residents with legal disabilities, but it also limits their right to exercise control over their own lives. A guardianship should only be granted when there is a genuine need, and to the extent possible, a guardian should seek the ward’s input regarding matters that affect them.

Work with a Knowledgeable Guardianship Attorney

The process of seeking legal guardianship of a loved one can be challenging for everyone involved. If you are a guardian you may be taking on new, and perhaps unfamiliar responsibilities. You may also be grieving a loved one’s decline. If someone is seeking guardianship over you, you may be worried about the loss of your independence and control over your own life.

I have been helping Maryland families navigate major life changes, including guardianship, for over 20 years. As a guardianship attorney, I help adult caregivers seek guardianship of minor children and other loved ones, and I am appointed by courts to represent and defend alleged disabled adults for whom a guardianship is sought.

Whatever my role in the process, I approach it with care and sensitivity, and the goal of making the legal guardianship process as understandable and easy as possible for my client. I understand the personal and emotional challenges involved in guardianship in Maryland, as well as the legal issues.