Howard County Guardianship Lawyer

Guardianship Attorney in Howard County

Everyone deserves to live in safety and to have their physical, emotional, and financial needs met. Some people need someone else’s help to meet those needs. Whether the person in question is an adult with special needs, an adult who is incapacitated due to injury or illness, or an elderly person who needs help managing their finances, a guardianship can be a great solution. For those in the Ellicott City area, a Howard County guardianship lawyer can help.

About Liberty Legacy Law Group

At Liberty Legacy Law Group, we understand the weight and significance of the decisions our clients must make. We serve our clients and our community with pride, keeping in mind that our clients are also our neighbors. Our law office is conveniently located on North Ridge Road in Ellicott City, making us easily accessible to everyone in Howard County and the surrounding area. We exist to help hardworking people protect what they have spent their lives building.

What is a Guardianship?

A guardianship is a legal relationship in which the guardian has the legal right and responsibility to care for another person, referred to as the ward. Guardianships are established for a variety of reasons. Guardianships can be established for adults with disabilities that prevent them from taking care of themselves, or for elderly people experiencing functional decline.

Guardianships are relatively common arrangements because there are vulnerable people everywhere. In Howard County, approximately 8.7% of people live with a disability. Howard County also has a significant aging population, with about 23% of the county’s population being at least 60 years old. Of course, not every aging person or person with a disability requires a guardianship, but many do, and it is important for everyone to understand the concept.

There are generally two broad categories of guardianship: guardianship of the property and guardianship of the person. In a guardianship of the property, the guardian’s responsibilities are limited to maintaining the financial affairs of the ward. They might handle the ward’s income and expenses and the maintenance or sale of any assets. This is done under court oversight.

In a guardianship of the person, the guardian is responsible for the physical care and well-being of the ward. They determine where the person lives, handle medical decisions, take care of other physical needs, and make decisions about end-of-life care, among other responsibilities. Guardians are required to report on the well-being of the ward.

Establishing a Guardianship in Maryland

Establishing a guardianship in Maryland is a multi-step legal process with safeguards in place to ensure the system is not abused. The general steps for starting a guardianship are as follows:

1. Filing the initial petition. The petition must be filed in the county where the potential ward lives. There is a separate form to fill out for guardianship of the property and guardianship of the person. If the petitioner wants to establish both kinds of guardianship, they must complete both forms.
2. Notification of interested parties. After the petition is filed, all potentially interested parties must be notified of the petition. This includes the intended ward and any other family members who might have input on the guardianship decision.
3. Court hearing. After a petition has been filed along with supporting documents (usually results of an examination by a mental health professional, physician, or both), and interested parties have been notified, a judge can hear the case.
4. Guardianship decision. The judge will rule on the guardianship petition after hearing evidence, including any opposing evidence submitted by an interested party. If the judge approves the guardianship, a court order is issued to the guardian explaining their responsibilities and the requirements of the guardianship.

Hire a Guardianship Lawyer

If you need to establish a guardianship, the first thing you should do is hire a guardianship lawyer. Your attorney can help you at every step of the process, from filing the initial petition all the way through the final hearing. Guardianships can be life-saving for vulnerable loved ones. A lawyer who understands the legal nuances of guardianship cases can help you gather supporting documentation and present your case to the judge.

FAQs

Can a Guardianship Be Modified or Terminated in Maryland?

Yes, a guardianship can be modified or terminated in Maryland for a number of reasons. In cases of incapacitation, a guardianship can be terminated if the ward regains the ability to take care of themselves. Additionally, if the guardian loses the ability to fulfill the duties of the guardianship, the relationship can be modified or terminated.

Who Can Become a Guardian in Maryland?

In Maryland, any person of sound mind over the age of 18 meets the minimum requirements to be a guardian. In the eyes of the courts, the most suitable individuals are usually family members or close friends. If there are no suitable family members or friends, the court can appoint a guardian for a vulnerable person.

Can a Guardianship Be Limited in Maryland?

Yes, the terms of a guardianship can be limited in Maryland. It is the policy of the court to impose the fewest restrictions possible on the subject of any guardianship. Sometimes, limited guardianships are deemed sufficient to protect the vulnerable person. Guardianship orders vary case-by-case and outline specific responsibilities the guardian does and does not have.

Is There Oversight for Court-Appointed Guardians in Maryland?

Yes, court-appointed guardians in Maryland must observe strict reporting requirements. These requirements are in place to further protect and safeguard the vulnerable person and verify that the guardian is adhering to their responsibilities as agreed. Your attorney can help you understand the specifics if this applies to your case.

Contact Liberty Legacy Law Group

At Liberty Legacy Law Group, we know that people matter most. We all want to protect our loved ones, and sometimes guardianship is the tool we need to do so. If you need to establish a guardianship for any reason, our firm is here to help you every step of the way. Contact us today for a free consultation to discuss your case with a Howard County guardianship attorney.