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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.
Having a person with disabilities sign a last will and testament is a tricky area of the law. The Court determines whether a person’s signature on the last will and testament is valid.
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).
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…
Can We Have Two Guardians Serve at the Same Time? The answer to this is easy: yes. However, the more interesting question is should you have two individuals serve as guardians at the same time. Remember, that as co-guardians each of you would have to agree on every decision. If you didn’t agree each of…
A Power of Attorney Holder’s Breach of Fiduciary Duty There is no question that a financial power of attorney holds what is called a “fiduciary duty” to act in the best interests of the grantor. But what if that power of attorney holder breaches that duty and takes “mom’s” funds for herself? What if her…
If My Sister and I both File for Guardianship for our Mother, who has Priority? The starting point is what type of guardian do you seek. There are two types of guardians. The first is the guardian of the person. It is this person that makes medical related decisions on behalf of the disabled. The…
Adult contested guardianship can occur when a parent losses the ability to make decisions for her health and/or her financial well-being. Is There a Need for a Guardian? Having a properly executed financial power of attorney and advance directive can certainly avoid the need for guardianship in many instances. But, what happens if the financial…