If a previously competent adult becomes physically and/or cognitively incapacitated, such as your spouse, parent or other loved one, and if that person did not designate an agent in a Durable Financial Power of Attorney or Advance Directive which designates a health care agent while competent, you may need to pursue the appointment of guardian in the Circuit Court in the city or county where the incapacitated person lives. But Guardianship proceedings can usually be completely avoided simply by the signing a valid Financial Power of Attorney, underscoring the crucial importance of planning in advance for your incapacity.
Maryland laws which govern guardianship and the Maryland guardianship legal system are designed to protect the legal rights of minors and incapacitated adults to make sure that they are properly cared for and do not become a victim of exploitation.
The process of having a guardian appointed for an incapacitated adult is cumbersome. It requires initiating a case in the Circuit Court and following the procedures to bring the guardianship case to a hearing before a judge. The guardian may be appointed and given legal authority to make financial as well as medical decisions for the incapacitated adult.
After the appointment of a guardian the guardian is charged with administering the property, assets and income of the incapacitated person in accordance with Maryland fiduciary law. The guardian is subject to the jurisdiction of the court and complying with the required reporting requirements which must be filed annually with the court.
I have extensive experience in guardianship cases. I represent individuals seeking to be appointed the guardian of a loved one (the Petitioner). In other cases I represent the person who is alleged to be incapacitated and in need of a guardian. In some cases I represent other family members who may object to the appointment of a guardian.
I can assist you if you need an attorney to help you navigate the guardianship process.
