GUARDIANSHIP
Guardianship
Guardianship is a legal process utilized when a person can no longer make or communicate safe or sound decisions about their person and/or property or has become susceptible to fraud or undue influence. Because establishing guardianship may remove considerable rights from an individual, it should only be considered after alternatives to guardianship have proven ineffective or are unavailable. Guardianship is a legal process that gives a guardian the authority to make decisions and act on behalf of another person. A court may appoint a guardian for a minor or an adult who is incapacitated:
Minors
A guardian can be appointed for a child under 18 years old. The guardian has similar rights and responsibilities to a parent.
Adults
A guardian can be appointed for an adult who is unable to make decisions for themselves due to a disability, hospitalization, or other impairment.
Guardianship should be a last resort because it can remove a person's rights. There are several alternatives to guardianship.
A guardian can be appointed for a person's person or property:
Guardian of the person
Responsible for the ward's day-to-day needs, including food, clothing, shelter, recreation, medical care, and housing.
Guardian of the property
Responsible for managing the ward's money and other assets. This person is sometimes called a conservator.
The length of a guardianship depends on the situation:
Adults
A guardianship over an adult lasts until the adult regains the ability to care for themselves or passes away.
Children
A court-ordered guardianship over a child lasts until the child turns 18. However, the guardian and child can request to extend the guardianship until the child graduates high school or turns 19.
Blog Topics
Do I need to pursue Guardianship over my loved one?
Understanding Guardianship in Maryland: Powers and Limitations
Understanding Guardianship in Maryland: Person vs. Property
Understanding Guardianship in Maryland: When It Is Appropriate?
What to Do If Your Loved One Refuses Medical Care in Maryland
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