Protect Your Loved Ones In Maryland With A Guardianship Attorney

You cherish your loved ones and want what’s best for them. If they become ill or incapacitated in any way and don’t have a designated safety plan or haven’t designated a guardian for minor children in their Last Will and Testament and/or haven’t appointed an Agent for medical and financial powers of attorney, you may consider becoming their legal guardian to provide them with the care and protection they need. 

Our lead attorney, Suzanne Simpson, Esq., at Simpson Law, PA, can help you navigate the process of becoming a legal guardian. She’s been assisting people with these and similar matters in the DMV area since 2003. She brings multiple decades of experience to every case she handles.

What Are The Responsibilities Of A Legal Guardian?

Your responsibilities would likely include:

• Providing a stable home for the protected person.
• Use the resources provided to ensure financial support for the protected person.
• Managing the protected person’s finances, should they be unable to do it themselves.
• Fulfilling the role of a parent if you are responsible for young children.
• Making critical health care and financial decisions on behalf of the protected person.
• Making critical decisions about the protected person’s education if the secure person is a child.
• Making decisions that are within the best interests of the protected person.
• Providing regular reports to the court on the status and well-being of the protected person.

To become a legal guardian, you will need to demonstrate that you can handle these responsibilities and act in a fiduciary manner. 

How Do You Apply To Become A Guardian?

Whether you want to become a guardian to a minor or vulnerable adult, you typically petition the court by providing information about yourself, stating why you want to become a guardian, and demonstrating your ability and capacity to handle guardianship responsibilities. Your ability to showcase your qualifications and explain how your guardianship is within the child or vulnerable adult’s best interests can strongly influence the court’s decision to appoint you as guardian. The court may also request testimonies from witnesses or others to evaluate your request.  

While applying for guardianship seems straightforward, you can face many challenges and obstacles. For example, you may run into an instance where a third party contests your request to become a guardian or the ward; the person under the guardianship contests the guardianship because they can’t make sound mental decisions due to their Alzheimer’s or dementia. Our guardianship attorney can help you address these complex challenges as they present themselves.

Frequently Asked Questions About Guardianships

Do you have questions about guardianship? Our attorneys can give answers to your questions:

What is the difference between guardianship and conservatorship?

It is important not to confuse guardianship with conservatorship since both of these legal responsibilities can have significant impacts on a person’s life. A conservatorship is primarily created to control a person’s financial matters, including their banking, bills, debts, investments and taxes. A conservatorship is typically granted if a person has developed a mental condition that limits their ability to make financial decisions on their own.

On the other hand, a guardianship typically means a guardian is responsible for a person’s day-to-day decisions, including health care, housing, education and finances. Guardianship is usually granted for adults with psychological conditions or minors. When making an estate plan, you can include a guardian to care for the needs of an adult with mental disabilities or a minor child.

If you are unsure how to include a guardianship in your estate plan, you can reach out to our office in Spencerville and talk to a guardianship attorney.

Can a guardianship be contested or challenged?

Yes. In Maryland, guardianship can be contested or challenged by filing a petition with the appropriate court. It may be argued that a guardian is unnecessary or the choice of guardian is inappropriate or not in the ward’s best interests. Guardianship may also be challenged when there is a belief that a current guardian is misusing their authority or has engaged in some kind of misconduct.

How does guardianship affect a person’s rights?

Guardianship limits how much autonomy a person has over significant decisions, such as their health care, living arrangements and personal choices. Guardianship is often necessary to help ensure a person’s needs are met when they cannot make their own choices. For example, a minor child may need a guardian until they become a legal adult. Or, a guardian may be necessary for an adult with limited mental capacity who cannot make decisions on their own.

How long does a guardianship last?

Guardianship is typically effective until a minor child turns 18 years of age or an adult is no longer incapacitated. In some cases, guardianship may last indefinitely, depending on whether an adult regains mental capacity. Guardianship may also end if it is successfully and legally challenged, thereby granting a person the right to make their own decisions.

Provide The Care And Security Your Loved Ones Deserve – Reach Out To A Guardianship Lawyer Today

Caring for your loved one through becoming their legal guardian can provide them, and you, peace of mind. While obtaining guardianship can be bureaucratic and come with potential obstacles, you can rely on our experience, knowledge, and educated advice and guidance.

Start working with a guardianship attorney today by calling 301-658-7951 or visiting the contact page.

Our office is in Spencerville; we take cases throughout Washington, D.C., Maryland and Virginia.