Logo-Website-Header-mediumLogo-Website-Header-mediumLogo-Website-Header-mediumLogo-Website-Header-medium
  • Home
  • Practice Areas
    • Estate Planning
      • Advance Healthcare Directive (AHCD)
      • Power of Attorney (POA)
      • Last Will & Testament
      • Maryland Medical Orders for Life-Sustaining Treatment (MOLST)
      • Trusts
    • Probate
    • Elder Law
    • Medicaid
    • Asset Preservation
    • Guardianship
    • Fiduciary Representation
    • Business/Succession Planning
  • About
    • Richard K. Abraham, Esquire
    • Susan Affleck Bauer, Esquire
    • Patrick Hanley Jr., Esquire
    • Why Plan Ahead?
    • Events & Media Appearances
  • Testimonials
  • Articles
✕
The Highs & Lows of the Home Health Care Sector
October 13, 2014
Hospice Care—Choosing Wisely
November 14, 2014
Published by Richard K. Abraham, Esquire on October 25, 2014
Categories
  • Guardianship
Tags
  • Advance Health Care Directives
  • Agent
  • Asset Preservation
  • Debt
  • Disability
  • Estate Plan
  • Estate Planning
  • Guardianship
  • Power of Attorney

Guardianships can occur when people fail to plan for disability which then occurs.

Historically, an English King or Queen was the protector of their subjects. Maryland was an English colony and inherited this practice. The crown appointed Maryland’s governor. The governor had the responsibility of protecting the colonists, (as the agent of the Crown).

Over time, the old English system became Maryland common law which eventually formed the basis of this State’s statutes. The statutes and cases interpreting them form what today is known as a Guardianship.

Maryland has a vested interest in protecting its citizens and what they own.

Other state statutes allow a competent person who is at least 18 years of age to have an Advance Health Care Directive and a Financial Power of Attorney.

Should that person later become disabled, these documents respectively protect that person’s well being and his or her financial affairs.


Other state statutes dictate what happens when a person becomes disabled and has not signed one or both of the above-named documents.

Instead of the governor as the agent of the Crown; in modern times the Court system has the statutory role of protecting Maryland’s citizens and their property.


That can result in a Petition to Appoint a Guardian of Person, Property or of both…

being filed in the circuit court where the alleged disabled person (ADP) lives or is receiving medical care.


This petition must contain all of the information mandated by the statutes and case law.

It must also be accompanied by certificates of two physicians, or one physician and one psychologist who have examined the alleged disabled person, (“ADP”) and made a medical determination that Guardianship is needed.


If the alleged disabled person (ADP) is not represented by an attorney the court will appoint one for him or her.

There will be a court hearing at which time the judge (or on occasion a jury), will make a determination whether all of the evidence presented meets the standard of proof to appoint guardians.


If the evidentiary standard is met, the judge will appoint whom the bench believes to be the appropriate guardian(s). The court is the actual Guardian and the person(s) appointed as the Guardian of Person, Property or both, is the court’s agent.
  • The Guardian of Person has the responsibility to make health care decisions for the judicially declared disabled person. That duty includes making decisions where the disabled person lives, is cared for etc.
  • Protection of income, real and personal property and the paying of debt (from the disabled’s assets) is the responsibility of a Guardian of Property.
  • Both types of guardians must file annual reports with court on forms it provides. These case also remain open until the disability ceases or the person dies.
When compared to traditional estate planning, guardianships are expensive in terms of legal fees, time management and on occasion stress levels.

For more information, contact the Law Firm of Abraham & Bauer.

Planning ahead is a gift to your loved ones!

Richard K. Abraham, Esquire

Mr. Abraham is an experienced attorney and founding member of the Law Firm of Abraham & Bauer. The Towson, MD office of the firm concentrates its practice in Estate Planning, Elder Law, Probate, Medical Assistance (Medicaid), Guardianship, Asset Preservation and Fiduciary Representation.

He is an active member in a number of professional organizations that focus on law, the senior community, and estate planning. He works with clients in Central Maryland, especially in Towson, Hunt Valley, Lutherville/Timonium, Parkville, White Marsh, Bel Air & Northern Baltimore City.

Schedule a consultation to help you and your loved ones.

Share
0
Richard K. Abraham, Esquire
Mr. Abraham is an experienced attorney and founding member of the Law Firm of Abraham & Bauer. The Towson, MD office of the firm concentrates its practice in Estate Planning, Elder Law, Probate, Medical Assistance (Medicaid), Guardianship, Asset Preservation and Fiduciary Representation. He is an active member in a number of professional organizations that focus on law, the senior community, and estate planning. He works with clients in Central Maryland, especially in Towson, Hunt Valley, Lutherville/Timonium, Parkville, White Marsh, Bel Air & Northern Baltimore City. Schedule a consultation to help you and your loved ones.

Related posts

February 10, 2020

Estate Planning for Your Minor Children


Read more
January 25, 2020

Estate Planning for Disabled Children


Read more
September 5, 2019

Estate Planning & Divorce


Read more

Comments are closed.

If you are communicating with regard to a CONSUMER DEBT, please be advised of the following: This is an attempt to collect a debt. Any information received shall be used for that purpose. This is a communication with a debt collector. If you are a debtor in a pending bankruptcy case or have been discharged from the debt, this communication is not intended to be an attempt to collect a debt and/or violate any current stay of proceedings. Please also note: when communicating through email, if persons other than you have access to your email address, it may be possible for them to view messages. If you have either provided an email address or stated you want to communicate through email with this office, you may opt out at any time by sending a message to this address stating you no longer want to communicate by email. We do not communicate through any form of social media regarding any consumer debt.
All Rights Reserved © 2015-2022 Abraham & Bauer, LLC
    • COVID-19 Update »