WHAT IS A GUARDIANSHIP?
Guardianship in Maryland
There are two types of adult guardianships in Maryland: guardians of the person and guardians of the property. (1) A guardian of the person covers authority of medical, contractual, and day-to-day decisions for another adult. (2) A guardian of the property covers authority over money and assets including, but not limited to, financial accounts, real estate and land, vehicles, and tangible personal property.
When do I need to get a guardianship? This may be a good idea when your loved one is unable to manage his or her physical needs, health care, assets, or finances. This person is called an “alleged disabled person.” The goal is to help the person not take away his or her rights so there may be better strategies such as a “power of attorney.” Call MLO/Mulinazzi Law Office (410-290-6270) to discuss your options and what is best for your family. It is always better to plan as soon as possible.
Who can be the Guardian? Technically anyone but it is best for it to be someone who knows and loves the disabled person.
How is the process done? We see too many people try to do this without an attorney and they are not successful. It can be a tricky process but our attorneys know the process and we know the Court. We can file a successful petition on your behalf. To be fair to the alleged disabled person, the law requires him or her to have their own attorney.
Once a guardian is appointed, the guardian must complete specific trainings, and file paperwork with the court to certify the guardian’s completion of the training, and inventories and accountings for any property of the disabled person. This must happen every year. This may seem daunting but our attorneys can help you with this paperwork until you get the hang of it and we can provide information on which decisions are customary and will not be scrutinized.
At MLO/Mulinazzi Law Office, we’ve helped countless clients obtain adult guardianship for a loved one and have made the process as seamless as possible for our clients.
Can I become a Guardian of a Minor?
Sometimes, people want to file for guardianship in Maryland of a minor in order to care for the child. This can be done for the same reasons as an adult guardianship; however, with a child you can also file for custody. Filing for Custody may be a much better option because it may be faster, less contentious, and have no subsequent reporting requirements. There are some critical differences. To find out which option is best for you, call our Office at 410-290-6270 to schedule an appointment/consultation.
The Mulinazzi Law Office can assist you in your child or adult guardianship in Maryland by:
- Discussing options and alternatives with you
- Representing petitioners and interested parties in guardianship actions
- Representing guardians and assisting guardians with filing the required paperwork after appointment
- Preparing Advanced Medical Directives and Power of Attorney documents for adults, prior to incapacity, to avoid costly guardianship litigation which can take several weeks absent an emergency
- Serving as a mediator or part of a mediation tandem to resolve guardianships disputes and keep the case out of court