What is an Adult Guardianship? | Disability Benefits Law in Maryland
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What Is An Adult Guardianship?

Mar 17, 2017 | Guardianship


Definition of Adult Guardianship in Maryland

Maryland recognizes guardianship as the legal process by which the court appoints one or more individuals to manage the person and/or property of an adult individual who is unable to care for his or her self and/or unable to manage his or her property and financial affairs. Absent consent, a guardianship is entered after medical professionals have evaluated the adult individual to assess their capacity and after a court has determined that there are no less restrictive alternatives to the appointment of a guardian.

How is Guardianship Determined?

A guardianship matter often requires:

  • commencing or concluding a legal proceeding
  • providing required notices to interested persons
  • producing necessary evidence to the court
  • evaluating alternatives
  • and assessing appropriate potential guardians.

The court may consider the preferences of the alleged disabled adult where the preferences can be appropriately documented or otherwise conveyed.

Responsibilities of an Adult Guardian

Once appointed, a guardian of the property may be tasked with:

  • inventorying and managing property
  • meeting annual reporting requirements
  • and exercising their fiduciary duty.

A guardian of the person may be tasked with:

  • medical decision-making
  • determining an appropriate placement depending on the level of medical care required
  • meeting annual reporting requirements
  • and exercising their fiduciary duty.

Contact Andalman & Flynn for Adult Guardianship Matters in Maryland

Our experienced family law lawyers at Andalman & Flynn are familiar with adult guardianship matters in Maryland counties including Montgomery, Frederick, Howard, Baltimore County, Prince George’s and other jurisdictions. Contact us today for help obtaining, defending, or managing an adult guardianship matter in Maryland. You can contact our office for a consultation by calling (301) 563-6685, or toll-free at 1-888-558-7871 or contact us online.

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