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Guardianship Attorney in Dunkirk, Maryland

Should your loved one not be able to make decisions for him or herself, and there is no signed Power of Attorney in place, you may need to petition the court to be appointed as the person’s guardian.

Guardianships can be expensive.  There likely will be at least two attorneys involved in the proceeding:  one to represent you, and one to represent the alleged disabled person.  Further, the court may appoint an investigator.  Two physicians (or one physician + one psychologist or licensed social worker) must sign a certificate stating that the person no longer can make his or her own decisions.  The appointed guardian may need to serve with an annual bond.  All of these costs are borne by either you or the alleged disabled person.

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a child with downs syndrome baking with their motherYou do not get to decide who will serve as your guardian.  The court will appoint the guardian, and it may be you (the family member) or it may be an attorney who will charge a fee for serving as guardian.  Guardians appointed by the court must attend a free court training before beginning their guardianship duties.  We have two types of guardianships in Maryland:  guardianship of the property, and guardianship of the person.

Guardian of Property

A guardian of the property takes control of the disabled person’s assets.  The guardian pays for the disabled person’s needs using assets.  The guardian of the property must file annual accountings with the court.

Guardian of Person

A guardian of a person makes health care and other personal decisions for the disabled person.  The guardian of person must file an annual report with the court