Understanding Child Support for Self-Employed Parents in Maryland

When it comes to child support, the calculation process is often straightforward for individuals with a traditional paycheck. However, if you're self-employed in Maryland, the process can be a bit more complex. As a self-employed person, understanding how income is calculated for child support purposes is crucial to ensure that you are meeting your obligations while also taking into account the unique nature of self-employment income.

Income for Child Support Calculation in Maryland

In Maryland, child support is typically determined by the Maryland Child Support Guidelines, which provide a formula for calculating child support. These guidelines use the gross income of both parents to calculate the amount of support. But how is “income” defined, especially if you're self-employed?

For self-employed individuals, the calculation process is somewhat different from those who receive a regular paycheck. In general Maryland defines "income" to include compensation received by a parent, including wages, salaries, commissions, and bonuses, but also can include more complicated forms of income, such as profits from a business, interest, dividends and more.

Steps for Calculating Child Support Income When Self-Employed

1. Gross Income Calculation

For self-employed individuals, gross income is determined by taking the total revenue from the business and then subtracting business-related expenses. Maryland law recognizes that self-employed individuals may have significant business-related deductions, but these must be legitimate and directly tied to the operation of the business.

To determine your gross income:

- Revenue: Start with the total income your business generates. This includes all receipts and earnings.

- Deductions: Subtract allowable business expenses. These could include things like office supplies, rent, utilities, business insurance, and any other legitimate business costs. The deductions must be reasonable and necessary for your business.

- Net Income: After you subtract your expenses from your revenue, the result is your net income. This is often referred to as "discretionary income," which is the amount left over after necessary business expenses are accounted for.

2. Add-Backs

While self-employed individuals are allowed to deduct legitimate business expenses, there are instances where certain deductions are “added back” to income when calculating child support, even though they are legitimate from a business or tax standpoint. These may include:

- Depreciation expenses: If you deducted depreciation on business assets, that amount may be added back to your income, as it doesn’t represent actual cash outflow.

- Non-business expenses: Personal expenses that were mistakenly deducted as business costs can also be added back. Or business expenses like rent allocated for a home office could be added back. Add backs such as these are often the source of debate and discretion.

3. Consideration of Non-Monetary Benefits

Another factor Maryland considers when calculating child support is non-monetary income. For self-employed individuals, this could include benefits such as company cars, health insurance, cell phone or other perks that have a value but are not paid in cash. These types of benefits may also be counted as income for child support purposes.

4. Adjustments for Irregular or Seasonal Income

If your income varies significantly from month to month, which is common for self-employed individuals, Maryland courts may average your income over a period of time to determine a reasonable monthly amount for child support. The appropriate period of time is often the subject of debate. An average helps avoid the fluctuations that could occur if a single month of high earnings or low earnings were used to calculate the amount.

What if My Business Isn’t Profitable?

If your business is not generating enough revenue to cover your personal expenses, or worse yet, not earning a profit, it can complicate child support. However, the courts will still expect you to contribute to the support of your child based on what you are capable of earning. Even if your business isn't currently profitable, Maryland courts may still impute income to you based on your previous earning capacity, experience, and potential.

Keeping Accurate Records

For self-employed parents, it is vital to maintain accurate records of both income and expenses. The court may request your tax returns, profit and loss statements, and other documentation to verify your income. If you fail to provide accurate and complete records, the court may be forced to make assumptions about your income.

Final Thoughts

Calculating child support when you are self-employed in Maryland can be more complicated than for someone with a regular paycheck, but it’s still based on the same principles. The court will look at your gross income, considering both your revenue and legitimate business expenses. By keeping thorough records, understanding what qualifies as income, and knowing the potential for income adjustments, you can ensure that the child support calculation reflects your true financial situation.

If you are self-employed and going through a dispute involving child support, consulting with an attorney with experience representing business owners is wise. Reach out to Markham Law firm to see how we can help.

Enhancing Communication Through Parent Coordination: A Guide for Co-Parents

Effective communication is the cornerstone of successful co-parenting. However, after a separation or divorce, maintaining clear and respectful communication can be challenging. This is where Parent Coordination comes in. Parent Coordinators (PCs) are professionals who help co-parents navigate their interactions, resolve conflicts, and improve their communication skills. Let’s explore how parent coordination can transform the way parents communicate and co-parent their children.

The Role of a Parent Coordinator in Facilitating Communication

Parent Coordinators are trained to address the unique dynamics and challenges of co-parenting. Their primary goal is to reduce conflict and improve communication between parents, thereby fostering a healthier environment for children. Here’s how they do it:

1. Mediation and Conflict Resolution: PCs act as neutral mediators, helping parents navigate disagreements and find mutually acceptable solutions. By facilitating calm and structured discussions, they prevent conflicts from escalating.

2. Structured Communication: PCs introduce structured communication techniques that help parents discuss important matters without falling into old patterns of conflict. This might include setting ground rules for discussions, using communication tools, and focusing on specific topics.

3. Developing a Parenting Plan: A well-defined parenting plan reduces misunderstandings and clarifies expectations. PCs assist in creating detailed plans that cover custody arrangements, visitation schedules, and decision-making responsibilities, providing a clear framework for co-parenting.

4. Teaching Communication Skills: PCs educate parents on effective communication strategies. This can include active listening, expressing needs and concerns clearly, and avoiding accusatory language.

5. Emotional Support and Guidance: Navigating co-parenting can be emotionally taxing. PCs provide emotional support and guidance, helping parents manage their feelings and focus on constructive communication.

Benefits of Improved Communication Through Parent Coordination

Enhanced communication between co-parents has far-reaching benefits for both parents and children:

1. Reduced Conflict: Effective communication minimizes misunderstandings and reduces the frequency and intensity of conflicts. This creates a more peaceful and stable environment for children.

2. Consistency for Children: Clear and consistent communication ensures that both parents are on the same page regarding parenting decisions. This consistency provides a sense of security and stability for children.

3. Better Decision-Making: When parents can communicate effectively, they can make joint decisions that are in the best interest of their children. This collaborative approach leads to better outcomes for the entire family.

4. Positive Co-Parenting Relationship: Improved communication fosters a more cooperative and respectful co-parenting relationship. This not only benefits the children but also reduces stress for both parents.

5. Modeling Healthy Communication: Children learn by observing their parents. When parents communicate effectively and resolve conflicts constructively, they model healthy communication skills for their children.

How Parent Coordination Enhances Communication Skills

1. Active Listening: PCs teach parents the importance of active listening, which involves fully concentrating on what the other person is saying, understanding their perspective, and responding thoughtfully.

2. Clear and Respectful Expression: Parents learn to express their thoughts, needs, and concerns clearly and respectfully, without resorting to blame or criticism.

3. Problem-Solving Techniques: PCs introduce problem-solving techniques that help parents address issues collaboratively. This includes identifying the problem, brainstorming solutions, and agreeing on the best course of action.

4. Setting Boundaries: Effective communication includes setting and respecting boundaries. PCs help parents establish boundaries that facilitate respectful interactions and protect the well-being of all parties involved.

5. Conflict De-escalation: Parents learn techniques to de-escalate conflicts, such as taking breaks during heated discussions, using "I" statements instead of "you" statements, and focusing on the issue at hand rather than past grievances.

Conclusion

Parent coordination can significantly improve communication between co-parents, fostering a more harmonious and cooperative co-parenting relationship. By mediating conflicts, introducing structured communication methods, and teaching essential communication skills, Parent Coordinators help parents navigate the complexities of co-parenting more effectively.

Improved communication reduces conflict and stress and creates a stable and supportive environment for children. If you’re struggling with co-parenting communication, consider working with a Parent Coordinator to develop the skills and strategies needed for successful and respectful interactions. Markham Law Firm has years of experience working as a Parent Coordinator; contact us today to speak with one of our dedicated staff members. Remember, the ultimate goal is to prioritize the well-being of your children and create a positive co-parenting experience for everyone involved.

What to think about when obtaining guardianship of an elderly relative, even if you don't have access to them.

Caring for an aging loved one is a delicate and often challenging responsibility. When you’re worried about the safety or well-being of an elderly relative, but you don’t have direct access to them—whether because they live in another state, are isolated, or are being controlled or manipulated by someone else—the situation can feel overwhelming. You may be considering guardianship as a way to ensure their safety, make critical decisions on their behalf, and protect their best interests.

But what happens if you’re concerned for their safety and don’t have access to them? Can you still obtain guardianship in Maryland under such circumstances? In this blog, we’ll explore the process of obtaining guardianship when you are worried about the safety of an elder relative but don’t have direct access to them, the challenges involved, and the steps you can take to protect them.

What Is Guardianship?

Guardianship is a court-appointed arrangement in which one person (the guardian) is given the authority to make decisions on behalf of another person (the ward) who is unable to make decisions for themselves. Guardianship of the Person can be granted for personal care (decisions about medical treatment, housing, and daily living) or for managing financial affairs (guardianship of the property).

For elders who are facing mental or physical decline due to conditions like dementia, Alzheimer's disease, or chronic illness, guardianship can ensure they receive the care they need. However, guardianship is a significant legal intervention and should only be pursued when no other less restrictive options are viable.

Can You Obtain Guardianship If You Don’t Have Access to Your Elder Relative?

Yes, it is possible to obtain guardianship in Maryland even if you do not have direct access to your elderly relative. In many cases, relatives may be isolating themselves, or isolated by others (another friend or family member). However, it presents unique challenges that will require careful planning, evidence gathering, and legal expertise.

Here are some important things to keep in mind if you’re concerned for the safety of your elder relative but can’t easily access them:

1. Concerns for Safety and Well-Being Are Valid

Your concerns for the safety or well-being of an elderly relative may stem from many different factors, such as:

- Isolation or control by another person**: If your relative is living with a spouse, caregiver, or someone else who is preventing you from having contact, you may worry about abuse, neglect, or coercion. This may or may not actually be occurring. Sometimes concerns are unfounded. In ability to see a relative, on its own is not a reason to obtain guardianship.

- Cognitive decline: If your relative has conditions like dementia or Alzheimer’s disease, they may no longer be able to make informed decisions, putting them at risk.

- Physical frailty or medical conditions: If your relative has serious health issues and can’t manage their own care, they may be at risk of injury, neglect, or receiving inadequate care.

2. Consult with an Attorney 

Because guardianship is a legal process that requires careful consideration of the person’s rights and well-being, it is advisable to consult with an attorney who specializes in guardianship. An attorney can help you understand the complexities of the process, help you determine whether guardianship is the right option, and guide you through the necessary legal steps.

In cases where you don’t have direct access to your relative, an attorney can help you navigate the requirements of obtaining medical records that you need for your case.

3. File a Petition for Guardianship

In Maryland, to initiate guardianship proceedings, you must file a petition with the Circuit Court in the county where your relative resides. The petition should include, among other things:

- The reason for seeking guardianship: Clearly explain why you believe your relative needs a guardian. In cases where the person is inaccessible to you, it’s helpful to explain the circumstances (such as isolation, control by another person, or lack of contact) and to provide as much supporting documentation as possible.

- Evidence of incapacity: The court will want to know why your relative cannot care for themselves or make decisions for themselves and this must be proven with two medical certificates.

There are many other requirements for the petition, however these are the two most important.

4. Notification Requirements

Once you file the petition for guardianship, the law requires that certain people be notified, including:

- The proposed ward (your relative), even if they are unable to attend or participate in the proceedings.

- Other interested parties, which may include other family members, close relatives, or anyone who has legal standing in the matter (e.g., existing power of attorney holders).

Once the petition is filed and all notifications are made, the court will schedule a hearing and the case will progress in due course.

Obtaining guardianship over an elderly relative in Maryland when you don’t have direct access to them can be challenging, but it’s certainly possible with the right legal guidance and evidence. If you are concerned about their safety and well-being, the court may grant you the authority to protect them through guardianship. Contact Markham Law Firm for more information.

Understanding the Responsibilities of a Guardian of the Property in Maryland

When an individual becomes unable to manage their own financial or property affairs due to reasons such as age, illness, or disability, the court may appoint a guardian to take over these responsibilities. In Maryland, the term *guardian of the property* refers to someone who is legally appointed to manage and safeguard another person’s financial assets and property. This role is a serious one, and guardians are held to high standards of care and responsibility.

If you're considering filing a petition to request that the court appoint you as a guardian of the property of a loved one, or you’ve recently been appointed, it’s important to understand the scope of the role, the duties it entails, and the legal obligations that come with it. Let’s take a closer look at what this responsibility involves in Maryland.

 1. What is a Guardian of the Property?

In Maryland, a *guardian of the property* is someone who has been appointed by the court to oversee the financial matters and property of an individual who is unable to do so themselves. This individual may be referred to as the *ward*. The appointment can happen due to the ward's incapacity, which could result from physical or mental health issues, including conditions like dementia, Alzheimer’s disease, or other impairments.

While a guardian of the property focuses on managing the ward’s financial assets, a separate individual (sometimes the same person) might be appointed as the *guardian of the person* to handle the personal care decisions for the ward.

2. Duties of a Guardian of the Property

The guardian of the property in Maryland has a fiduciary duty to act in the best interests of the ward. This means the guardian must handle the ward’s finances prudently, with the utmost care and integrity. Some of the key responsibilities include:

a. Managing and Safeguarding the Ward's Assets

A guardian of the property must take control of the ward's financial assets, which can include real estate, bank accounts, investments, and personal property. This includes making sure that assets are protected from theft, loss, or unnecessary depreciation. The guardian must also ensure that the ward’s bills, taxes, and other financial obligations are paid on time.

 b. Preserving Assets Prudently

The guardian is responsible for managing the ward’s assets in a way that is financially sound. This might involve making decisions regarding investments or selling property. They must act in a way that prioritizes the financial well-being of the ward.

c. Regular Accounting to the Court

Guardians must provide regular accountings to the court, usually annually, detailing all financial transactions, including income, expenditures, and investments made on behalf of the ward. These reports help ensure that the guardian is fulfilling their responsibilities properly and transparently. Failure to comply with this requirement can result in the court removing the guardian and appointing a new one.

d. Ensuring the Ward's Financial Stability

Part of the guardian’s duty is ensuring that the ward’s property is managed in such a way that their financial stability is preserved for the future. This includes making decisions that will safeguard the ward’s ability to pay for necessary care, medical expenses, and other needs now and in the future.

e. Providing for the Ward’s Needs

Although the guardian of the property does not make medical or personal care decisions, they may need to work closely with the guardian of the person (if appointed) to ensure that the ward’s financial resources are allocated properly to cover healthcare, living expenses, and other necessities.

f. Paying Debts and Taxes

A guardian must ensure that all debts, taxes, and other financial obligations of the ward are paid. This could include filing income taxes, paying property taxes, and managing any outstanding debts or loans. The guardian must also protect the ward’s credit and avoid actions that could negatively impact their financial standing.

g. Seeking Court Approval for Major Transactions

In certain cases, guardians may need to seek court approval before engaging in significant financial transactions, such as selling real estate. This ensures that the guardian’s actions are always in the best interest of the ward.

 3. How is a Guardian of the Property Appointed?

In Maryland, a guardian of the property is appointed by the court following a legal process. If an individual believes that someone is unable to manage their own affairs, a petition for guardianship can be filed. This petition may be initiated by family members, close friends, or concerned parties.

The court will require medical evaluations and testimony, to determine whether guardianship is necessary and will appoint an attorney on behalf of the allegedly disabled party.  

4. The Fiduciary Duty and Legal Responsibilities of Guardians

As a guardian of the property, you are held to a *fiduciary duty*. This means that you are legally obligated to act in the best interests of the ward at all times, prioritizing their financial well-being above your own. Fiduciaries are prohibited from using the ward's assets for personal gain, and any breach of fiduciary duty can lead to serious legal consequences, including removal or criminal liability.

5. Ending Guardianship

A guardianship can be terminated in a number of ways. If the ward’s condition improves and they regain the ability to manage their affairs, they can petition the court to remove the guardian and reinstate their legal rights. Additionally, if the guardian fails in their duties or if the ward passes away, the guardianship will come to an end.

6. Conclusion

Being appointed as a guardian of the property is a significant responsibility. Guardians must carefully manage and protect the assets of the ward, ensure their financial needs are met, and always act in the ward’s best interest. In Maryland, the courts hold guardians accountable to ensure that the ward’s property is handled with the utmost care, transparency, and integrity. If you are considering or have been appointed as a guardian of the property, it’s important to understand your legal obligations and the seriousness of the role you have undertaken. It is best to consult with an attorney to ensure that you are meeting your fiduciary duties and complying with the laws governing guardianship in Maryland. If you are considering filing for guardianship, or challenging or modifying an existing guardianship, the attorneys at Markham Law Firm can help.

What to Do If Your Loved One Refuses Medical Care in Maryland

Facing a situation where a loved one refuses medical care can be deeply distressing. Whether it's due to fear, denial, or other reasons, it's crucial to approach the issue with sensitivity and knowledge of your options. In Maryland, there are specific steps you can take to navigate this challenging scenario while respecting your loved one’s rights and ensuring their well-being.

Understanding the Reasons Behind Refusal 

Before taking any action, it’s important to understand why your loved one is refusing care. Common reasons include:

- Fear or Anxiety: Medical procedures and hospitals can be intimidating.

- Denial of Illness: Some people may not accept that they need medical attention.

- Cultural or Religious Beliefs: Beliefs may influence their decision to refuse certain types of care.

- Mental Health Issues: Conditions such as dementia, depression, addition/substance abuse or mental health disorders can affect decision-making.

Having an open and empathetic conversation can sometimes uncover the root cause and help you address their concerns. 

Steps You Can Take

1. Communicate and Educate

Start by having an honest discussion with your loved one about the importance of the medical care they are refusing. Provide clear, understandable information about the potential consequences of not receiving treatment and try to address their fears or misconceptions. Sometimes, involving a trusted healthcare professional in the conversation can make a difference.

2. Involve a Trusted Third Party

If direct communication doesn’t work, consider involving a neutral third party, such as a family friend, a religious leader, or an elder care social worker. A different perspective might help your loved one feel more comfortable and open to the idea of receiving care.

3. Seek a Second Opinion

Sometimes, a second medical opinion can help alleviate fears. If your loved one is unsure about the diagnosis or treatment plan, another doctor’s perspective might provide reassurance and lead to acceptance of the necessary care.

4. Leverage Support Systems

Involve other family members and close friends to form a support system. Collective encouragement can sometimes persuade a loved one to seek treatment. Additionally, support groups for patients and families facing similar issues can provide valuable advice and emotional support.

5. Understand Legal Options

If your loved one’s refusal of care poses a serious risk to their health and they are not capable of making informed decisions, you may need to explore legal options. In Maryland, you can consider the following:

- Guardianship: If the person is unable to make sound decisions due to mental incapacity, you might be able to petition the court for guardianship. This legal process allows you to make healthcare decisions on their behalf. However, it is important to note that guardianship will not grant the authority to involuntarily commit someone.

- Emergency Petition: In extreme cases where your loved one is in immediate danger and refuses care, you may file an emergency petition with the court.

- Advance Directives and Powers of Attorney: If your loved one has previously executed an advance directive or healthcare power of attorney, these documents can guide medical decisions according to their wishes and designate a healthcare agent to make decisions on their behalf.

Working with Healthcare Providers 

Engage with healthcare providers to develop a collaborative approach. Doctors, nurses, and social workers are experienced in dealing with patients who refuse care and can offer practical advice and support. They may also recommend palliative care or hospice services if the refusal is due to end-of-life issues. 

Respecting Autonomy

It’s essential to balance respect for your loved one’s autonomy with the need to ensure their health and safety. Understanding their wishes and striving to honor them as much as possible is crucial, even when you disagree. Building trust and maintaining a compassionate approach can make a significant difference.

Conclusion

Dealing with a loved one who refuses medical care in Maryland is a complex and emotionally charged situation. By communicating effectively, involving support systems, understanding legal options, and working closely with healthcare providers, you can navigate this challenging terrain. Always aim to respect your loved one’s autonomy while ensuring their safety and well-being. If you find yourself overwhelmed, consulting with an attorney at Markham Law Firm may help you see a path forward.

Understanding Guardianship in Maryland: Powers and Limitations

Guardianship in Maryland is a legal arrangement that grants one person (the guardian) the authority to make decisions on behalf of another person (the ward) who is unable to manage their own affairs. This arrangement is typically sought for minors, elderly adults, or individuals with disabilities. While guardianship provides the guardian with significant responsibilities, it also comes with specific limitations. Here’s an overview of what guardianship in Maryland allows and what powers it does not entail.

 What Guardianship Allows

1. Personal and Medical Decisions

A guardian of the person has the authority to make decisions about the ward’s personal care and medical treatment. This includes:

- Healthcare: Making medical decisions, including consenting to or refusing medical treatments and surgeries.

- Living Arrangements: Deciding where the ward will live, whether it’s at home, in a nursing facility, or another type of care arrangement.

- Daily Needs: Overseeing the ward’s daily personal needs, such as food, clothing, hygiene, and recreational activities.

2. Financial Management

A guardian of the property is responsible for managing the ward’s financial affairs. This includes:

- Asset Management: Handling bank accounts, investments, real estate, and other assets.

- Bill Payments: Ensuring all bills and financial obligations are paid on time.

- Financial Planning: Budgeting and planning for the ward’s future financial needs.

- Legal Transactions: Entering into contracts, filing taxes, and managing other legal and financial matters on behalf of the ward.

3. Educational Decisions

For minors or individuals with specific educational needs, the guardian can make decisions about their education, including selecting schools, approving educational plans, and arranging for special education services if necessary.

4. Legal Representation

The guardian has the authority to act on behalf of the ward in legal matters, which can include filing lawsuits, defending against legal actions, and making decisions in legal disputes.

What Guardianship Does Not Allow 

Despite the extensive powers granted to guardians, there are important limitations designed to protect the rights and autonomy of the ward:

1. Personal Autonomy and Rights 

Guardianship does not give the guardian unlimited control over the ward’s life. The guardian must always act in the ward’s best interests and respect their personal rights and dignity. This includes:

- Respecting the Ward’s Preferences: Whenever possible, the guardian should consider the ward’s preferences and wishes, especially in personal and healthcare decisions.

- Limitation on Restrictive Measures: The guardian cannot unduly restrict the ward’s freedom or impose excessive limitations on their lifestyle without just cause.

2. No Absolute Control Over Property

While a guardian of the property manages the ward’s finances, they must do so prudently and with accountability. They cannot:

- Misuse Funds: Use the ward’s funds for personal benefit or any purpose other than the ward’s needs.

- Sell Property Without Court Approval: Significant financial decisions, such as selling real estate, often require court approval to ensure the transaction is in the ward’s best interests.

3. Healthcare Decisions with Ethical Implications

Certain healthcare decisions, especially those involving ethical or end-of-life considerations, may require additional oversight or court approval:

- Withholding Life-Sustaining Treatment: Decisions to withhold or withdraw life-sustaining treatment typically require court approval or must align with the ward’s advance directives.

- Consent to Experimental Treatments: Guardians may face limitations on consenting to experimental or high-risk medical treatments without additional legal or medical consultation.

Conclusion

Guardianship in Maryland provides a framework for protecting individuals who cannot manage their own affairs, granting guardians significant authority to make personal, medical, and financial decisions. However, this authority comes with important limitations designed to protect the rights and autonomy of the ward. Understanding these powers and limitations is crucial for anyone considering or currently serving as a guardian. Always act in the ward’s best interests, seek court approval when necessary, and consult with legal professionals to navigate the complexities of guardianship effectively. If you find yourself in a situation where guardianship might be necessary, consulting with an attorney at Markham Law Firm can help you navigate this important process.

Understanding Guardianship in Maryland: Person vs. Property

Navigating the legal landscape of guardianship can be complex, especially when it involves the well-being and assets of a loved one. In Maryland, guardianship is divided into two distinct types: guardianship of the person and guardianship of the property. Each type serves a unique purpose and involves different responsibilities. Let’s explore the differences between these two forms of guardianship and what they entail. 

Guardianship of the Person

Guardianship of the person is focused on the personal and medical care of an individual who is unable to make decisions for themselves. This type of guardianship is typically sought for minors, elderly adults, or individuals with disabilities who cannot make or communicate responsible decisions for their own needs.

Responsibilities of a Guardian of the Person:

1. Healthcare Decisions The guardian is responsible for making medical decisions on behalf of the ward (the person under guardianship). This includes consenting to or refusing medical treatments and ensuring the ward receives appropriate medical care.

2. Living Arrangements: The guardian decides where the ward will live, ensuring that the living conditions are safe and appropriate. This could involve arranging for in-home care, assisted living, or a nursing facility.

3. Personal Care: The guardian oversees the ward's daily needs, such as food, clothing, hygiene, and general well-being. This might include coordinating with caregivers or service providers.

4. Education and Social Activities: For minors or individuals with specific educational needs, the guardian ensures that educational and social activities are arranged and that the ward has opportunities for engagement and development.

Guardianship of the Property

Guardianship of the property, on the other hand, pertains to managing the financial affairs and assets of an individual who cannot do so themselves. This is often necessary when the ward has substantial assets that need to be protected and managed prudently.

Responsibilities of a Guardian of the Property: 

1. Asset Management: The guardian is tasked with managing the ward’s assets, including bank accounts, investments, real estate, and personal property. This involves making decisions to preserve and potentially grow these assets.

2. Bill Payments: The guardian ensures that all bills are paid on time, including utility bills, mortgage payments, taxes, and any other financial obligations.

3. Financial Planning: The guardian may need to create a budget, manage income, and plan for future financial needs to ensure the ward's long-term financial stability.

4. Legal and Financial Transactions: The guardian can enter into legal agreements and financial transactions on behalf of the ward. This includes filing taxes, dealing with insurance, and making any necessary legal claims.

Key Differences

 While both types of guardianship aim to protect and support individuals who cannot care for themselves, the key difference lies in their focus:

- Guardianship of the Person: Centers on personal, medical, and day-to-day care.

- Guardianship of the Property: Focuses on financial management and asset protection.

Seeking Guardianship in Maryland

In Maryland, the process for establishing either type of guardianship involves petitioning the court. The petitioner must provide evidence that the prospective ward is incapable of managing their personal or financial affairs. An attorney will be appointed to represent the ward's interests in the guardianship matter. If after a hearing the court finds that a guardianship is appropriate under the law, the court will appoint a guardian based on a statutory priority and in consideration of the ward's best interests. 

It’s important to note that the same individual can be appointed as both the guardian of the person and the guardian of the property, or these roles can be filled by different people depending on the circumstances and capabilities of the guardians.

Conclusion 

Understanding the distinction between guardianship of the person and guardianship of the property is crucial for anyone involved in the care of a vulnerable individual in Maryland. Each type of guardianship comes with its own set of responsibilities and challenges, but both are aimed at ensuring the well-being and security of those who cannot care for themselves without imposing unnecessary restrictions on a person's liberties. If you find yourself in a situation where guardianship might be necessary, consulting with an attorney at Markham Law Firm can help you navigate this important process.

Understanding Guardianship in Maryland: When Is It Appropriate?

In Maryland, guardianship is a legal arrangement where a court appoints a person (the guardian) to make decisions for another person (the ward) who is unable to make decisions for themselves due to reasons such as age, incapacity, or disability. This blog aims to provide a clear understanding of when guardianship is appropriate and the process involved in Maryland.

What Is Guardianship? 

Guardianship is a legal relationship established by a court order. It involves:

1. Guardian: The person appointed to make decisions on behalf of the ward.

2. Ward: The individual who needs assistance with decision-making. In Maryland, until a guardianship is established by the Court, the ward is often referred to as an "Alleged Disabled Person."

Guardianship can be of the person, of the property, or both:

- Guardianship of the Person: The guardian makes personal decisions for the ward, such as those related to healthcare and living arrangements.

- Guardianship of the Property: The guardian manages the ward's financial matters, including assets and income.

When Is Guardianship Appropriate? 

Guardianship is generally considered a last resort because it removes a person’s rights to make their own decisions. Maryland law provides for less restrictive alternatives to guardianship and requires that guardianship only be imposed when there is no less restrictive alternative available which protects the ward. Guardianship is appropriate in the following situations:

1. Minor Children

Guardianship may be necessary for minor children (under 18 years old) when:

- The parents are deceased.

- The parents are unfit or unable to care for the child.

- There is no other parent, family member, or adult willing or able to take responsibility.

2. Adults with Disabilities

For adults with disabilities, guardianship might be necessary if:

- The individual has a significant intellectual or developmental disability.

- The individual is unable to make or communicate responsible decisions about personal care, finances, or health due to mental disability, disease, habitual drunkenness or addiction to drugs.

- There are no less restrictive alternatives, like a power of attorney, that can meet the person’s needs.

3. Elderly Individuals

Elderly individuals may need a guardian if they:

- Have dementia, Alzheimer's, or another condition that significantly impairs their cognitive functions.

- Cannot manage their personal or financial affairs.

- Are at risk of abuse, neglect, or exploitation and need protection.

4. Emergency Situations

In emergency situations where an individual is in immediate danger or is unable to care for themselves due to a sudden illness or accident, temporary guardianship can be established by the court to ensure the person's safety and well-being.

The Guardianship Process in Maryland

The process to establish guardianship in Maryland involves several steps: 

1. Filing a Petition

A person seeking that a guardian be appointed must file a petition with the Circuit Court in the county where the ward lives. The petition should include:

- Detailed reasons why guardianship is necessary.

- Information about the proposed ward’s condition and incapacity including medical certificates.

-Reasons why less restrictive alternatives would be ineffective or have been attempted and failed

- The proposed guardian’s qualifications and willingness to serve.

2. Evidence and Right to Counsel

Two certificates of incapacity must be provided, from at least one doctor and either a second doctor or a psychologist, social worker or psychiatrist, attesting to the proposed ward’s inability to manage their personal or financial affairs. An attorney will be appointed on behalf of the alleged disabled person to ensure their right to due process is protected.

3. Court Hearing 

The court will schedule a hearing where: 

- Evidence is presented regarding the Alleged Disabled Person's condition and need for guardianship.

- Interested parties can express their views.

- The proposed guardian’s suitability is evaluated.

-If finances are involved, bond is either ordered or waived.

 4. Court Order

If the court finds guardianship is necessary and that the proposed guardian is suitable, it will issue a guardianship order specifying the scope of the guardian’s powers and responsibilities.

Alternatives to Guardianship 

Before pursuing guardianship, it’s important to consider less restrictive alternatives that might be sufficient, such as:

- Power of Attorney: If the person has capacity, it allows a person to appoint someone to make decisions on their behalf.

- Health Care Agent/Proxy: If the person has capacity, they can appoint someone to make healthcare decisions in the event they become incapacitated.

Conclusion

Guardianship is a significant legal step that should only be taken when necessary to protect a person who cannot protect themselves. In Maryland, it is used to ensure the safety and well-being of minors, adults with disabilities, and elderly individuals who are unable to make decisions due to incapacity. By understanding the process and exploring all alternatives, guardianship can be effectively utilized to support those in need while respecting their rights and autonomy.

Further Resources

By understanding when and how guardianship is appropriate, we can better ensure that vulnerable individuals receive the care and protection they need. If you feel that guardianship is an option for your family, call Markham Law Firm to learn more.

What is a De Facto Parent versus a Third Party for Purposes of a Custody Case?

In most cases, only the biological parents of a child have a right to petition for or modify custody. But there are situations that can arise in which other adults in the child’s life may be a good custodial fit instead of, or in addition to, the biological parent. When those circumstances arise, Maryland recognizes different avenues for individuals who are not the biological parent to have standing in a custody case. This blog explains the two ways a non-biological adult has standing to participate in a custody case of a child, and how to prove those standing requirements in court.

The two avenues to achieve standing in a custody case where the child is not biologically related to the party is (1) the establishment of de facto parentage, or (2) if de facto parentage cannot be proven, the party can act as a third-party intervenor and prove the unfitness of the legal parents or exceptional circumstances.

To prove de facto parentage, Maryland requires the alleged de facto parent to show that s/he has met four factors, which were established in Conover v. Conover. There is a high burden on the party seeking standing because of the great impact that becoming a de facto parent has in our legal system. If a judge makes a finding that a party is a de facto parent, that party will have the same rights and legal standing as a biological parent would.

The four factors that must be shown by the party seeking standing are as follows: (1) the party must prove that s/he resided with the children for a certain period. This should go beyond an occasional overnight or quick visit. (2) the person must show that s/he has performed parental functions for the children to a significant degree. Parental functions often include taking responsibility for the children’s education, providing support for the children’s development, ensuring the children’s basic needs are met, and much more. (3) the party must demonstrate that there is an established parent-child bond with the children. (4) A party must show that the legal parents have consented to the de facto parentage and that the biological parents fostered the parent-child relationship between the de facto parent and the child. The consent by the biological parents can be expressed, or implied. If all four of the factors are met, the de facto parent will have the same rights as a biological parent would when it comes to standing. Following that determination, the court would then proceed to a typical custody determination by looking to the best interests of the child.

For interested parties who cannot prove de facto parentage, but are seeking to intervene in a custody case, that party must prove the unfitness of both legal parents or show that there is an exceptional circumstance that warrants the award of custody in their favor or prove both factors. The court, in In re Adoption/ Guardianship of H.W., has defined an exceptional circumstance as one “that would make parental custody detrimental to best interests of the child.” The standard of proof is preponderance of the evidence, meaning that the greater weight of the evidence points to the unfitness of the parents, or, that an exceptional circumstance has arisen.

Ultimately, a court’s custody determination can be one of the most influential decisions in a child’s life. While the court has acknowledged the right that biological parents have in the control of custody, it has also recognized that in some cases, the most “fit” person to have custody is not related by blood. To ensure that our legal system protects the children in those situations, de facto parentage and third-party intervention are mechanisms that should be used, if applicable.

If you are involved in a complicated situation in which you believe you are a de facto parent, you want to intervene because it seems the parents are unfit, or, if someone is seeking custody of your children that is not entitled to do so, contacting an experienced family law attorney can be instrumental to the success of your case. Call Markham Law Firm today to learn more about your rights and what you are entitled to regarding custody.

The Role of the Divorce Coach in the Collaborative Divorce Process

Divorce is a life-altering event that can bring emotional turmoil, stress, and uncertainty. The traditional divorce process often exacerbates these feelings, leading to adversarial relationships and prolonged conflicts. Collaborative divorce, however, offers an alternative that focuses on cooperation and mutual respect. A key component of this process is the involvement of a divorce coach, a mental health professional who plays a crucial role in guiding individuals through the emotional complexities of divorce.

 What is a Divorce Coach?

A divorce coach in the collaborative process is typically a licensed mental health professional, such as a psychologist, therapist, or counselor, with specialized training in divorce and family dynamics. Unlike a traditional therapist, who might focus on long-term mental health issues, treatment, or diagnosis, a divorce coach is specifically focused on helping clients navigate the emotional and psychological challenges of divorce. The coach provides support, helps manage stress, and facilitates effective communication between the divorcing parties.

The Key Roles of a Divorce Coach in Collaborative Divorce

1. Emotional Support and Stability

Divorce is often accompanied by intense emotions, including anger, sadness, fear, and anxiety. A divorce coach helps individuals process these emotions in a healthy way, providing a safe space to express their feelings and work through them constructively and avoid bringing them into the process in an inappropriate way. By helping support clients' mental health, the divorce coach enables them to approach divorce discussions with a clear mind and a focus on their long-term well-being.

Key Responsibilities:

• Providing one-on-one emotional support.

• Helping clients understand and manage their emotions.

• Teaching stress reduction techniques and coping strategies.

• Encouraging self-care during the divorce process.

2. Facilitating Communication

Effective communication is essential in the collaborative divorce process, but it can be challenging when emotions are running high. The divorce coach works with both parties to improve their communication skills, helping them express their needs and concerns in a way that fosters understanding rather than conflict. This is especially important when children are involved, as clear and respectful communication between parents is crucial for their well-being.

Key Responsibilities:

• Coaching clients on how to communicate their needs and concerns in an appropriate way.

• Helping to diffuse tension and reduce misunderstandings.

• Facilitating constructive dialogue between the parties.

• Assisting in the development of effective co-parenting strategies.

3. Conflict Resolution

Disagreements are inevitable during a divorce, but how they are handled can make a significant difference in the outcome. A divorce coach helps individuals identify the root causes of conflict and works with them to develop strategies for resolving disputes amicably. By focusing on problem-solving rather than blame, the coach helps to keep the collaborative process on track, reducing the likelihood of an impasse.

Key Responsibilities:

• Identifying potential sources of conflict.

• Teaching conflict resolution techniques.

• Helping clients stay focused on their goals and interests, and seeking solutions rather than winning arguments.

• Encouraging compromise and flexibility.

4. Keeping the Process On Track

Divorce can be overwhelming, and it’s easy for individuals to become stuck in negative thought patterns or to lose sight of their goals. The divorce coach acts as a guide, helping clients stay focused on the big picture and reminding them of their priorities. This support is crucial in ensuring that the collaborative process remains productive and that both parties are working toward a mutually beneficial outcome.

Key Responsibilities:

• Assisting clients in setting realistic goals for the divorce process.

• Helping clients stay focused on long-term outcomes rather than short-term emotions.

• Providing motivation and encouragement to keep the process moving forward.

• Ensuring that clients do not get derailed by emotional setbacks.

5. Supporting Co-Parenting Efforts

When children are involved, a divorce coach plays a vital role in helping parents develop a co-parenting plan that prioritizes the children’s well-being. The coach works with both parents to ensure that they can communicate effectively about parenting issues, make joint decisions, and create a stable environment for their children. By focusing on the needs of the children, the divorce coach helps parents transition from being spouses to being effective co-parents.

Key Responsibilities:

• Assisting in the creation of a child-centered parenting plan.

• Helping parents understand the impact of divorce on their children.

• Facilitating discussions about parenting responsibilities and schedules.

• Providing guidance on how to handle co-parenting challenges post-divorce.

Conclusion

The role of a divorce coach in the Collaborative Divorce process is multifaceted and crucial to its success. By providing emotional support, facilitating communication, resolving conflicts, keeping the process on track, and supporting co-parenting efforts, the divorce coach helps individuals navigate the complexities of divorce with dignity and respect. Their guidance not only makes the process smoother and less stressful but also helps ensure that the final outcome is one that both parties can live with, setting the stage for a healthier future.

For couples considering Collaborative divorce, the inclusion of a divorce coach can make a significant difference in achieving a positive and amicable resolution. Call Markham Law Firm if you wish to explore Collaborative Divorce for your case. Our group of highly experienced attorneys is ready to help answer your questions and guide you through this process.