Maryland Guardianship Attorney
Guardianship refers to the legal process that appoints someone to be in charge of a minor’s finances, personal decisions, or both. Often, guardianship is necessary after the parents of the minor pass away or are unable to effectively provide for the minor’s needs. Their inability might be due to disabling mental or physical injuries or other issues that keep them from properly caring for the child.
Guardianship can also refer to a parent or another adult being in charge of another adult’s affairs due to mental or physical disabilities that prevent them from handling their own affairs. In either situation, the court will appoint the guardian over the minor or the disabled adult through a specific legal process.
If you believe that you should be someone’s guardian or you want to challenge a guardianship appointment in Maryland, your first call should be to the Law Offices of Tina Sharma. Our guardianship attorney can evaluate your situation and provide legal assistance throughout the process.
Overview of Guardianship
In a guardianship case, the court formally appoints an adult to take over and manage the affairs of a child without effective parents or an adult with disabilities. A court has different options, including:
- Designating one guardian to manage both financial and personal affairs of the ward
- Designating one guardian for financial matters and another guardian for personal matters
- Designating two adults to serve as co-guardians
Guardianship is similar to a power of attorney, as the appointed individuals have similar duties and responsibilities. However, powers of attorney do not require court intervention, and this type of document can only be implemented by an adult with proper capacity. If someone is not eligible to draft a power of attorney - or they simply did not do so - a guardianship case might be necessary if they cannot handle their own affairs due to disability or simply being a minor.
Guiding You through the Guardianship Process
Guardianship in Maryland generally involves specific steps, including:
- The adult who wishes to seek a guardian appointment files a petition with the proper court, along with documentation to support the need for the guardianship.
- The court appoints an attorney to represent the child or disabled adult who is the subject of the guardianship case. This attorney works to determine whether the person agrees or disagrees with the guardianship petition, including whether a guardianship is necessary and who should be appointed.
- If anyone else has objections to the guardianship, the court will hold a trial to hear arguments and decide whether the objections are justified. This includes deciding whether the guardianship is needed and whether the petitioner is the right choice of a guardian.
- If the court appoints the petitioner as guardian, it will continue to oversee the situation to ensure that the guardian provides proper care for the individual and their property.
Guardians must abide by a high duty of care, and they should never take advantage of their authority for their own benefit. If this happens, others can raise concerns with the court that appointed the guardian.
Consult with a Maryland Guardianship Lawyer Today
If you need assistance with a guardianship case - no matter what party in the case you might be - the Law Offices of Tina Sharma can help. Please contact our Maryland guardianship attorney for help.