Adult Guardianship: What Is it and How Does it Work?
Understanding Adult Guardianship
Adult guardianship in Maryland is established when a court appoints a guardian to make legal, financial, and healthcare decisions for an adult who cannot make these decisions independently. A person may be considered for adult guardianship if they are over the age of 18 and are determined to be incapacitated due to mental or physical limitations that prevent them from making informed decisions. If appointed, guardians must act in the incapacitated individual's best interests, make decisions consistent with their wishes (if known), and provide regular reports to the court on their well-being.
What Types of Guardianship Are There?
There are different types of guardianship arrangements, including guardianship of the person (responsible for the individual's personal and healthcare decisions) and guardianship of the property (responsible for managing the individual's finances).
Guardianship of the person involves responsibility for the individual’s everyday needs, such as providing food, clothing, shelter, healthcare, and making social decisions. If the individual is disabled, additional health and social services may need to be arranged by the guardian to support their best interests.
Guardianship of the property involves the management of an individual’s finances. Tasks include collecting income, applying for benefits, managing property, and paying bills. The responsibility of handling these tasks and any resulting decisions made by the guardian should benefit the incapacitated person.
Sometimes, only one type is necessary or appropriate. For example, sometimes a disabled adult may require guardianship of their property but should retain care and medical decision-making powers. Each case is unique.
When Would An Adult Require A Guardian?
Guardianship is meant to protect and provide for vulnerable adults. However, it involves a significant curtailment of an adult's rights. As a result, this legal arrangement should not be entered into lightly.
Adults may need a guardian if they are unable to make decisions for or care for themselves. The necessity for a guardian could be due to mental incapacity, physical disability, or old age that impairs their ability to manage their affairs. This is often due to mental illness, developmental disabilities, or advanced age-related cognitive decline. A guardian is appointed by the court to make decisions on behalf of the adult, ensuring their well-being and best interests are protected.
What is the Process for Establishing Guardianship?
The court controls the guardianship process by overseeing the appointment of guardians for individuals who are unable to care for themselves. The process is initiated by someone, usually a family member of the vulnerable, petitioning the Court for Guardianship. Then, the Court must determine, as an initial matter, whether the alleged disabled person is legally incapacitated and needs a guardian to make decisions on their behalf.
The Court must base its decision on testimony and affidavits from qualified healthcare professionals. Maryland law requires this evidence to be submitted in a very specific manner. The adult alleged to be disabled and in need of guardianship will be entitled to a hearing and have a right to counsel in these proceedings.
If it is established that guardianship is necessary and there are no less restrictive alternatives available, the Court appoints a suitable guardian to act in the best interests of the incapacitated person. Once appointed, the guardian will have ongoing responsibilities to report to the Court for the duration of the guardianship.
What Happens After a Guardian Is Appointed?
The appointment of a guardian is just the beginning. The guardian will be consistently responsible for providing proper care and support to the individual under their guardianship. The guardian will have to be accountable to the Court for the duration of the relationship.
After establishing guardianship, key steps include assessment, decision-making, reporting to the court, monitoring, legal responsibilities, periodic review, communication, seeking support, and ongoing training. These actions ensure the well-being and best interests of the individual under guardianship. The Court maintains supervision over the guardian's actions to ensure they are fulfilling their duties appropriately and in accordance with the law. Accepting the appointment as guardian is a serious responsibility.
Creating an estate plan before incapacity is preferable to guardianship, which can be time-consuming, costly, and emotionally complex. If not, guardianship may be necessary.
Maguire Law can assist on either end of this spectrum, preparing an estate plan that anticipates incapacity and representing either side in a guardianship proceeding.
Ms. Maguire is an estate planning attorney in Baltimore, MD.
She is currently listed as a court-approved attorney for appointment in guardianship cases.
*This blog is for educational purposes and does not constitute legal advice.
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