When an adult becomes unable to make decisions for themselves or a disabled child reaches the age of majority, families often face emotional and legal uncertainty. Whether because of illness, injury, or disability, it’s not unusual that the need for a decision-maker to protect a loved one’s well-being arises during an emergency or other major life change. In Maryland, legal guardianship for adults with disabilities provides a legal framework for doing just that, and a guardianship attorney helps families navigate that process with clarity and care.

Understanding Legal Guardianship for Adults with Disabilities

Guardianship gives one person the legal authority to make decisions for another who can’t manage their own affairs. Maryland courts typically establish guardianships when an adult is deemed incapacitated due to cognitive decline, mental illness, developmental disability, or serious injury.

There are two primary types of guardianship in Maryland:

• Guardianship of the person, which covers medical decisions, living arrangements, services, and daily care.
• Guardianship of the property, which allows someone to manage the individual’s finances and assets.

In some cases, the court may appoint the same person for both roles. In others, separate individuals may take on each responsibility.

Obtaining guardianship is not automatic. Even close family members must petition the court, provide medical evidence of incapacity, and demonstrate that guardianship is necessary. It’s a detailed legal process, and that’s where a guardianship attorney can help.

How Guardianship Attorneys Guide Families Through the Process

From the first filing to the final court order, a guardianship attorney helps make sure every step is handled correctly and efficiently. The process is often emotionally charged—especially when loved ones disagree on what’s best. An attorney keeps things focused and forward moving.

To establish legal guardianship for an adult with disabilities, the guardianship attorney:

• Prepares and files the guardianship petition: Maryland law requires detailed documentation, including certificates from healthcare professionals and a thorough explanation of why guardianship is necessary.
• Ensures compliance with legal requirements: If anything is missing or incorrect, the court may delay or deny the petition. Attorneys help avoid those setbacks.
• Represents the petitioner in court: The court will hold a hearing when guardianship is uncontested and an attorney helps this go smoothly. The court will hold a trial when guardianship is contested, when all interested parties can raise concerns or objections. A guardianship attorney presents a clear, evidence-supported case on your behalf.
• Helps explore alternatives: Guardianship is a serious step. If less restrictive options—like power of attorney or supported decision-making—could work, an attorney can help assess and pursue them instead.
• Provides ongoing support: Once appointed, a guardian has ongoing legal duties, including filing reports and managing finances responsibly. Attorneys assist with compliance and help resolve any issues that arise.

Why Guardianship Matters for Vulnerable Adults

Guardianship isn’t just about paperwork—it’s about protecting real people who can’t protect themselves. Without a legally appointed guardian, vulnerable adults are at risk of financial exploitation, medical neglect, or simply falling through the cracks of a complex system.

In Maryland, courts prioritize the best interests of the incapacitated adult. Guardians are expected to act with care, transparency, and accountability. A guardianship attorney helps their guardian client understand their role and duties and can help expedite matters when emergencies arise.

Guardianship can also help reduce conflict within families. When disagreements arise over who should make decisions—or whether guardianship is needed at all—guardianship and the guidance of a guardianship attorney provide structure and legal clarity. That helps families focus on care, not conflict.

For adults with disabilities, designating a Power of Attorney or other legally-responsible person may not be an option. Guardianship provides a path and may also open doors to benefits and services. Whether the goal is to access public benefits, manage inheritance funds, or coordinate care, a properly structured guardianship lays the legal foundation.

Talk to a Maryland Guardianship Attorney Today

If you’re caring for an incapacitated adult or someone with a disability who can’t manage their own decisions, it’s important to act quickly and correctly. I am here to help you navigate the process with confidence and compassion.

Call me today to schedule a consultation. I’ll walk you through your options, help you understand your obligations, and help you protect your loved one.