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Guardianship of the person is a circuit court designation that a person can make health care decisions for the disabled. But, there are certain requirements. First, you must prove that the person is disabled. This is often done through the use of physician certificates. However, other health care professionals may also provide their expert opinion.
In order to smooth the path for the court to be involved and appoint a person to serve as the guardian, the person with a disability needs to be examined two times.
What happens if a person with a disability needs a guardian, but he or she refuses to be examined? If a person in the household refuses to allow the person to be examined, there is a clear legal route to get the court involved. But what happens if your parent is in the home alone and simply refuses to be examined?
The entire guardianship process is complex. The very first step, however, can often be the most challenging. When a petition for guardianship is filed, you must file proof of the person’s disability. This “proof” is a certificate completed by the person’s physician, psychiatrist, psychologist, nurse practitioner, or licensed social worker (or a combination thereof).
Disturbing Issues About Adult Guardianship. The Britney Spears conservatorship raises a number of interesting issues (that are somewhat complex and disturbing) of how an adult could be subject to guardianship. The obvious issue is how the state can take away your rights to make health care and financial decisions, when, from the outside, you appear…
I Care a Lot is a recently released Netflix film that follows the fictional account of a nursing home administrator who systematically exploits the elderly for financial gain. There are dramatic scenes of Marla Grayson (the nursing home administrator) with her wall of mugshots of her elderly residents. It shows a dramatic insensitivity that the…
One of the first steps in the Maryland adult guardianship process is filing a petition with a circuit court. If you’re preparing to file a petition for guardianship, you might have some questions. Am I eligible to petition for guardianship? According to the law, you must be an interested person to petition for guardianship. An interested…
Maryland Adult Guardianship Process: If someone’s health condition prevents them from making decisions regarding their medical care and finances, they may need a court appointed adult guardian. How to Become an Adult Guardian in Maryland We routinely provide advice regarding the guardianship rules and processes. Here is an overview on how to become an adult…
Physician Certificates One of the key items in a guardianship process are the certifications. Certificates are needed to prove to the court that a person lacks the ability to make rational decisions regarding her health or finances. In many cases it may be possible to work with a parent to have them examined by two…
Our firm was recently successful in helping a family recover funds for an elderly mother and her adult disabled son who was subject to guardianship. The person of interest was a neighbor who posed as an accountant to prepare the elder mother’s and her disabled son’s tax returns. Unknown to our client was that this this individual opened…