Guardians play an important role in protecting those who are unable to care for themselves. Depending on the parameters of their role, they can provide care and make decisions on behalf of their ward. To become a legal guardian, there are certain legal requirements that a power of attorney lawyer can help you meet.
With the help of Chesapeake Wills & Trusts, you can undergo the process to become a guardian for either a minor or an adult. Our guardianship lawyer Millersville MD law firm has extensive experience representing clients in matters of guardianship and providing them with the counsel they need to secure a favorable outcome. We help you plan for the legal proceedings and responsibilities that come with being a guardian, so you are prepared and know what to expect. We also ensure you are equipped with the resources you need to best protect your loved one.
The Purpose of Guardianship
While the need for a guardian may be most often associated with young children, this is not the only vulnerable group of individuals who may require a guardian. Elderly individuals and individuals with disabilities may also require the assistance of a guardian who can make decisions on their behalf.
When petitioning to become a guardian, it is important to understand guardianship and the scope of care and responsibility that is required. Guardianship must be approved and ordered by the court to be legal and binding. A guardian’s responsibilities may also vary depending on the needs of the individual or per their wishes when they were not incapacitated. Your guardianship attorney in Millersville, MD can ensure that you have the support and resources you need to become a legal guardian.
Types of Guardianship
Maryland recognizes different types of guardians, and each type has a different set of responsibilities. Individuals who have been appointed as guardians can go through guardian orientation to learn more about the specific role they have in caring for their ward. Each type of guardianship has different parameters, but the goal is to help the ward become as self-sufficient as possible again and exercise any freedoms they are capable of executing. Below is a closer look at each type of guardianship in Maryland.
Guardianship of a Minor
Children may need guardians if they become orphaned or their biological parents are unable to care for them for one reason or another. For guardianship of a child, parents can select a guardian who can care for their children in the event that something happens to both parents. These decisions are generally made as part of the estate planning process. Conversely, adults can petition for guardianship of a minor if the child does not have a guardian. All matters of guardianship must be heard, approved, and decided by the Maryland court system. They will also ensure that the minor’s welfare is protected.
Guardianship of an Adult
Adults who are incapacitated or disabled may need a guardian to make decisions on their behalf. These could be financial or legal, and may be required in a temporary capacity or indefinitely. With adult guardianship, an alleged disabled person can lose a significant amount of their rights and freedoms.
As such, courts often seek alternative options first, but also follow specific steps during guardianship proceedings to ensure the individual’s interests will be protected and that they will receive proper care. Additionally, an alleged disabled person has the right to oppose having a guardian. In that case, the case must be decided by a judge and jury.
Guardianship of a Person or Property
According to the Maryland court system, there is a difference between guardianship of a person and guardianship of property. An individual who is a guardian of a person for an alleged disabled person may have the power to make decisions about food, shelter, clothing, and medical care for their ward, which may be an adult or a minor. This type of guardianship ensures physical protection and well-being.
Conversely, a guardian of property provides oversight and makes decisions regarding property matters, benefits, and management issues. In some instances, an alleged disabled person may require a guardian for both their person and their property. An attorney can provide insight into the nuances that apply to both types of guardianship.
Maryland’s Guardianship Process
Guardianship decisions are made by the court system in Maryland. A judge will review a number of factors concerning what is in the best interests of the individual who needs a guardian. The reason for needing a guardian and the process a qualified individual must go through differ depending on whether guardianship is needed for a minor or an adult. It is essential to hire guardianship attorneys to help you, regardless of which process you need to go through to ensure compliance with all requirements. Below is a closer look at the two types of court proceedings.
Guardianship Proceedings for Minors
In order to become a guardian for a child, you must go through the court process for guardianship of a minor. You must first file a petition in the minor’s name and then seek to contact the biological parents, if available, for their consent. If a parent cannot be reached, an affidavit must be filed to communicate this to the court.
The court will hear and process the petition, qualifications, and responsibilities of the guardian before issuing a decision to appoint you as a legal guardian. In the event that you are seeking guardianship of more than one minor, or were named as a guardian by another individual, then it is important to talk with your lawyer about what steps you should take specific to your situation.
Guardianship Proceedings for Adults
The process for adult guardianship takes many factors into account and allows the alleged disabled person the opportunity to object or consent to the petition for guardianship. In addition to the petition, certificates from licensed physicians, psychologists, licensed certified social workers, or nurse practitioners must be submitted that speak to the alleged disabled person’s condition, ability, capacity, and their need for a guardian. All of this information will be heard and reviewed by a judge before a decision is issued regarding guardianship.
Responsibilities of a Guardian
A guardian’s responsibilities depend on their ward’s specific needs, as well as their permitted scope of guardianship. While minors and adults have different individual needs and capacities, your responsibilities will also be largely dictated by whether or not you are a guardian of a person or property.
If you have the role of guardian of a person, you are responsible for ensuring that basic needs are met and the ward has positive interactions with acquaintances and friends in various capacities. It is also important to provide for and oversee your ward’s living arrangements, healthcare, training, and education. Additionally, you are also required to file a report annually that provides the court with an update on the ward’s location and housing, their condition, their care, and whether or not you think the ward needs continued guardianship.
If you have the role of guardian of the property, you must first post what is known as a guardian bond as insurance from misuse of the ward’s property. Once you begin managing your ward’s property, all financial accounts must be retitled so the guardian can oversee and manage these accounts on behalf of their ward. You are also responsible for inventorying all of the ward’s property and fiduciary assets. Maintaining accurate records and documentation is essential while managing your ward’s estate.
How Guardianship Differs from Power of Attorney
While the two may appear to be similar on the surface, there is a difference between a guardian and a power of attorney (POA). The primary difference between a power of attorney and a guardian lies in how they are selected. A POA is often selected by an individual during estate planning and provides direction on what the POA has the right to do and decide on behalf of an incapacitated individual.
A guardian, on the other hand, is appointed by the court and allows an individual to make decisions on behalf of a minor or an alleged disabled person who cannot make decisions for themselves. A power of attorney may become a guardian, but it can also be a separate roles.
Guardianship Alternatives
When it comes to guardianship of adults, the court may often recommend seeking an alternative before pursuing guardianship. This is often because guardianship takes a significant amount of freedom away from an alleged disabled person and transfers it to the guardian. Because of the power dynamics, it is essential that a potential guardian is fully vetted first. It should also be someone who has their ward’s best interests at heart and whom the ward can trust. Some common alternatives to guardianship include:
- Durable power of attorney: This role allows an individual to give you the authority to carry out your wishes if you become incapacitated for any reason. The individual who named you as a durable power of attorney can bestow limited or unlimited decision-making power. They can also specify the duration of your role.
- Durable healthcare power of attorney: In this role, you are given the rights to make healthcare decisions on behalf of the individual who has become incapacitated. You can speak with healthcare providers about the individual’s condition in order to make the best decision possible per their wishes. Your role is only activated when the individual cannot speak for themselves.
- Advance directive for healthcare: An individual can communicate their healthcare and end-of-life wishes that they want followed in the event that they become unwell, incapacitated, or need emergency services.
- Surrogate decision-making: This role allows you to provide consent if an individual is incapacitated and cannot agree to medical care themselves. While this role sounds similar to a durable healthcare power of attorney, it only allows you to move forward with treatments that are aligned with the individual’s wishes.
- Revocable trusts: Managing a trust for an individual can help protect their assets from being used incorrectly or protect their assets from themselves. It is important with this option to also name a successor trustee in the event you are unable to manage the trust any longer.
- Joint property ownership: Properties that are shared between an individual and yourself or another trusted person can also be a viable option for protecting an individual’s assets. This should be someone that the individual trusts who can provide oversight and management of all property that is jointly owned.
- Representative payee: The person in this role has the rights and authority to manage, receive, or dispense another individual’s government benefits if they are disabled. Social Security benefits are the most common form of benefits that this role oversees.
A Lawyer is Essential When Pursuing Guardianship
Guardianship is a weighty decision that has an immense amount of ramifications for both you and your ward. To ensure that the vulnerable party is protected, there are many legal considerations and requirements that must be made and fulfilled when seeking to become a guardian.
Our Guardianship lawyer Millersville MD law firm walks you through each step and provide valuable counsel about your options, responsibilities, and the actions you need to take. They will advocate for you and your ward in court to help ensure that the proper level of care is administered. They can also manage your case and help streamline the process on your behalf.
Contact Chesapeake Wills & Trusts Today for Your Guardianship Matter
Chesapeake Wills & Trusts is committed to helping you navigate the legal process to secure guardianship. Our team provides you with trusted counsel so you can be confident that all steps are fulfilled and guardianship can be settled as swiftly as possible.
We work diligently to reduce your stress, simplify the process, and protect the rights of you and your loved one so you can provide them with the care they need. To learn more about the process and the options available to you, contact us today to schedule a consultation with a member of our team.