Guardianship

Basics of Guardianship Law 

When is a Guardian Needed? 

If a person cannot take care of their personal or financial affairs, then a guardian may be appointed by the Court. Their ability may be impaired due to age, disease, or disability. Guardianship is a legal process by which a third party obtains the ability to make decisions for person (called a “ward”) who is not able to do so. 
There are two types of guardians: a guardian of the person and a guardian of the property. A person who files a guardianship action does not need to file for both unless both are required.

Two Types of Guardianship

A “guardian over the property” is responsible for managing all the ward’s assets and conducting their financial affairs. A “guardian over the person” makes health care decisions for the ward as well as determines where the ward will reside.

Legal Requirements

In order to obtain a guardian, there needs to be two certifying doctors that the ward requires the guardian. There are time limits as to when a guardianship action may be filed based upon when the certifications are obtained. Here at BGS Law, LLC we can assist to ensure that no deadlines are missed and that the proper paperwork is filed. With a guardianship action, time is of the essence. 

Maryland Guardianship Law

Title 10 of the Maryland Rules covers guardianship actions in Maryland. It is necessary to also have an attorney appointed to represent the putative ward in any guardianship action, whether they be minors or adults. The list of Maryland approved attorneys may be located here. Pursuant to the Maryland Rules, there are trainings and experience involved to be approved to serve. 

Hiring an Experienced Guardianship Attorney

Bethany Shechtel, Esquire at BGS Law, LLC is approved for Court appointments in guardianship proceedings. Through experience serving as both the attorney for the ward, and the interested party, she is here to assist you. If you would like to know more about guardianship, contact us today.