Guardianship

A person has to prove that he is an adequate guardian to protect the interest of disabled or sick individual. The person who is seeking guardianship over another that person must prove that person lacks capacity to exists, and this is supported by medical evidence. If a person who is seeking guardianship over an individual who has a condition like dementia or a young adult with down’s syndrome or autism retaining an attorney is the best way to have over guardianship.

The purpose for guardianship is to protect those who are unable to care for themselves. The law can allow for a responsible person to handle the affairs of an individual who is not capable to protect his or her safety or health. There are two types of guardianship in Maryland. First one, guardianship of the person provides the guardian to handle affairs over the living arrangements, medical care, and other things concerning the disabled individual affairs. Second one, guardianship of the property which provides control over the disabled individual’s financial affairs. The court often appoints the same guardian for both types of guardianship is appropriate and qualified. To establish guardianship, there can be a variety of reasons such as lack of capacity which include:

• Effects of excessive substance abuse and alcohol
• Stroke
• Traumatic brain injuries
• Extreme learning disabilities
• Dementia
• Mental illness
• Alzheimer’s disease
• Any disability giving rise to a lack of capacity

A person who is trusted as a guardianship can be a caretaker for the interest of the disabled. This may include in deciding paying bills, safeguarding property, handling finances, making major life decisions, and handling other affairs of life that the disabled could not perform due to their illness or disability regardless of their efforts.

Normally, a complaint to begin the guardianship proceeding are filed in the county where the individual with the disability lives. If the disabled is sick in the hospital, the jurisdiction would be in the place where the disabled is hospitalized.

Maryland rules 10-201-10-301 shows the elements needed to prove whether a petition for guardianship be granted or denied. For every Maryland guardianship petition, the interested person requesting guardianship must prove three elements. These elements should be specific and detailed with concrete evidence. The elements must prove in a guardianship petition as follows:

• No less restriction form of intervention is available – you must prove that no less disruptive and means of ensuring that safety exist and person’s health because guardianship is an extraordinary step. Despite their condition and the reason why these procedures are not useful, the petition should prove previous attempts to handle the person’s affair.
• The individual lacks sufficient capacity – you must prove that the potential disabled person is unable to make or communicate responsible decisions concerning his person and must be an interested person having a relationship with the disabled. You must show that the disabled lacked the ability to communicate or make these decisions. You had to have evidence by examination performed by at a minimum of two licensed physicians.
• The cause of the insufficient capacity – You have to prove the nature of the disability. Lack of capacity can be by any disease, habitual drunkenness, mental disability or addiction to drugs.

You must appear before the court and argue these elements to prove that you can be an adequate and appropriate guardian for the disabled. The court will appoint a counsel for the disabled if he or she is not already represented by counsel where this is an additional procedure that must be followed. The purpose for this is protect the interest of the disabled. Once a person is granted guardianship, the disabled will not have the right to make their own decision over basics things in their life like where they live, their finances, where they work, whom they live with, etc.

If would like to have support and care for your loved one. Contact the Soubra Law Firm at 301-219-5038 to schedule a consultation about retaining an attorney to represent you in a guardianship proceeding.

As your Frederick Guardianship Attorney, the Law Firm is here to serve Frederick, Montgomery, Washington, and Carroll Counties as well as the remaining Maryland area. The Firm would like to be your Frederick Guardianship Lawyer.