Maryland Legal Guardianship for Disabled Adults

Maryland Circuit Court Approved Lawyer for Adult Guardianships

Guardianship is when a court appoints a person to help a disabled individual with the disabled person’s health care and/or financial affairs.

Under Maryland law guardianship is a last resort. Maryland courts will not appoint a guardian if a less restrictive form of intervention is available which is consistent with the person’s welfare and safety. So, for example, a guardianship generally is not appropriate if the disabled person has a durable health care or financial power of attorney in place. In that event, the agent whom the disabled person appointed just has to get involved and start making decisions.

When Can a Guardian be Appointed in Maryland?

But in some cases appointment of a guardian is appropriate and necessary. For example, a guardian of the person may be needed if:

1. the disabled person has not appointed a health care agent to make decisions for him and his next-of-kin, typically his children, disagree about what medical care he should receive; or
2. the disabled person doesn’t have a family, or doesn’t have any relatives who are able and/or willing to make medical decisions for him.

A guardian of the property may be needed if:

1. the disabled person has not executed a durable financial power of attorney; or
2. the disabled person has a power of attorney but the agent is abusing the authority granted to him under that document, or, in some other way, somebody is financially taking advantage of the disabled person.

The Law Office of Henry Nash practices guardianship law. Rockville lawyer Henry Nash, Esquire is on the Montgomery County, Maryland Circuit Court’s roster of court-approved lawyers who handle guardianship cases. If you have questions or concerns about guardianship, please feel free to contact us.

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