Glen Burnie Guardianship Lawyer

Guardianship Attorney in Glen Burnie

If your loved one is losing the ability to care for themselves and is unable to make financial, medical, or legal decisions on their own, guardianship may be a good option. A guardianship relationship can be a good option for a child caring for an elderly parent who may be suffering and can no longer manage their affairs. A Glen Burnie guardianship lawyer can navigate you through the complex process of obtaining guardianship in Maryland.

At Liberty Legacy Law Group, we represent clients throughout Glen Burnie with elder law needs, including guardianship. We understand how sensitive this may be for your family, especially if other family members disagree with this decision. Our team has deep knowledge of applicable laws and filing processes for guardianship and can guide you through the process.

What is Guardianship in Maryland?

Elder guardianship in Maryland is a legal process in which the circuit court appoints a person or organization as a guardian for an adult who cannot care for their own person or property. This can be due to age, illness, or disability. In Glen Burnie, this would be filed with the Glen Burnie District Court on Ritchie Highway.

As people age, many older adults have a period near the end of their lives when they are no longer able to make decisions for themselves. Guardianship may be a good option for your circumstances.

According to the United States Senate Special Committee on Aging, there are approximately 1.3 million elderly or special needs adult guardianships in the United States. Guardianship limits an individual’s rights, so the court takes this process very seriously.

For elder guardianship, the process begins with hiring a Glen Burnie guardianship lawyer who can petition the court to name you as guardian over your elder, their property, or both. Physician testimony may be required to describe the alleged incapacity warranting the guardianship.

The adult for whom the guardianship is established is called the ward. The ward is also represented by an attorney, often appointed by the court, and if the ward or any other party contests the guardianship, the case proceeds to trial. If no one opposes the guardianship, then it is an uncontested guardianship.

What if Someone Contests the Guardianship?

When someone contests a guardianship, it is often a disagreement over who should be appointed. When this happens, each person contesting is ranked according to the law governing the preference for appointment. If more than one person shares the same ranking, then the court can choose the optimal guardian between them.

The court generally favors the higher-ranking person. A Glen Burnie guardianship attorney can help you assess your ranking before petitioning for guardianship and can explain the process in case someone contests.

How We Can Help

Our skilled guardianship lawyers at Liberty Legacy Law Group have experience helping clients through this tedious process. Our team can help you understand the process of petitioning and appointing guardianships in Maryland and explain any potential complications that may arise in the process.

Our attorneys can also help you understand the expectations that come along with being appointed as someone’s guardian. As a small firm, we are dedicated to assisting our clients and their families in protecting the legacy you worked so hard to build your entire life.

FAQs

How Much Does a Guardianship Lawyer Cost in Maryland?

Guardianship lawyer costs can be quite expensive in Maryland and generally become more expensive if the guardianship is contested. Since guardianship cases are so complex and the laws are incredibly strict in order to protect everyone throughout the process, the help of a lawyer is highly recommended. Your lawyer may charge an hourly fee, which can range based on their experience and knowledge of elder law. Other fees can include filing fees, medical evaluations, and court costs. Reach out to a Glen Burnie elder law attorney for more info.

Which Is Stronger, a Power of Attorney or Guardianship?

Guardianship is stronger from a legal standpoint since it is court-ordered, whereas a power of attorney is a private agreement. Legally, a guardianship can override an existing Power of Attorney (POA) if the court believes it is appropriate. If a valid Power of Attorney exists, a guardianship shouldn’t be necessary.

Guardianship is more absolute and has a broader authority over all aspects of the ward’s life, but it is also overseen by the court. A lawyer can assist in exploring both options and advise on which is optimal for your unique situation.

What Does a Guardianship Lawyer Do?

A guardianship lawyer is here to assist you with the process of establishing, modifying, or terminating legal guardianship for minors or adults. A lawyer can help with filing court petitions, legal documentation, and provide representation during court hearings. If the petition for guardianship is contested, a skilled guardianship lawyer can advocate for you and assist in collecting medical testimony and support for the proposed guardianship.

What Are the Different Types of Guardianship in Maryland?

There are primarily two different types of guardianship for disabled adults in Maryland. A guardian of the person handles personal decisions, such as healthcare, living arrangements, food, clothing, and daily needs. A guardian of the property manages financial affairs, including assets, bills, investments, and property. The court can appoint one guardian for both roles or separate guardians.

Hire a Guardianship Lawyer

Hire a guardianship lawyer to receive clear, honest advice today. When you meet with our team at Liberty Legacy Law Group, you can receive a personalized strategy for your unique needs. With over 30 years of experience, our team can help you navigate through the complex guardianship process and inform you of any possible roadblocks along the way. Feel empowered. Contact us today to schedule a consultation.