If a loved one is rendered unable to make medical, legal, or financial decisions for himself or herself and he/she does not have an Advance Medical Directive or Financial Power of Attorney, a guardianship may be necessary.
A guardianship is a court proceeding whereby an individual is appointed by the court as the “guardian of the person” and/or “guardian of the property.” It is the guardian who has the legal authority to make medical, legal, and/or financial decisions for a disabled loved one.
Guardianship proceedings can be complicated. A significant amount of pre-filing work can be required in order to obtain the information required to be submitted to the court. And timing can be very important, as guardianship proceedings may need to be initiated within a very short period of time after an individual is certified by a doctor to be incapacitated.
We can assist Maryland clients with guardianship proceedings in the Maryland courts. Our estate planning attorneys have all received the specialized training in guardianship matters to be certified by the Maryland Supreme Court as court-appointed attorneys for disabled individuals in guardianship cases.
If you feel that a guardianship might be necessary for a loved one, it is important to promptly contact an attorney so that you can obtain advice as far as the information you should start to gather from medical providers and others.
