 Key Documents & Definitions.
Child Adoption Adult Guardianship
Types of Adult Guardianship
In MD, there are 2 types of guardianships:
Guardian of the Person - A Guardian of the Person takes care of health care decisions. This individual can consult with the disabled person's physicians and other health care providers, review medical records and offer consent for medical procedures.
Guardian of the Property - A Guardian of the Property takes care of financial decisions. This individual must manage the disabled person's property for the best interests of the incapacitated person. As a result, Maryland law requires that certain financial reports be filed with the Court on a periodic basis.
Guardianship Proceedings for Elderly / Disabled AdultsBefore any adult guardianship proceeding can be filed, two doctors must examine the patient and confirm that he or she is unable to make decisions for themselves. A guardian will only be appointed for patients whose illness or disability leaves them unable to manage their own medical or financial affairs. For instance, a person in a coma would certainly meet this criteria. More frequently, medical issues such as severe dementia render an otherwise conscious person unable to manage their affairs.
The law imposes strict time limits from the date of the physician's examination and the date the Petition for Guardianship is filed. Also, the law designates a number of "interested persons" who must be served with a copy of any Petition before a hearing can be scheduled. If you wish to find out more about filing a proceeding, contact the Office of Attorney Cedulie Laumann at 410-216-7000.
How do I start proceedings for my elederly parent?
The first step in the process involves obtaining the appropriate physicans' certificates and filing a Petition with the Court.
The "petitioner" is the family member or other person who is asking the court to appoint a guardian.
The "petition" is the legal document that outlines the legal grounds for seeking guardianship and is filed in the Circuit Court. After the petition is filed, all people and agencies the law calls "interested persons" are formally served with a copy of the petition and other documents.
The disabled person is given a certain period of time to respond, although they may be physically incapable of doing so. If the disabled person does not already have an attorney, an attorney may be appointed for the disabled person. The court appointed attorney must meet the disabled person (which may involve a trip to the nursing home or hospital where they reside) and give their recommendation with the court.
Once all these things take place, a hearing will be held in the Circuit Court. In certain circumstances, emergency petitions can be filed, but all the necessary steps must still take place before the Court will appoint a guardian. 
To immediately call the Office of Attorney Cedulie Laumann, click to call 410-216-7000.
Can guardianship proceedings be avoided?
If you have a properly prepared Health Care Power of Attorney, there will be no need for your family to seek appointment of a Guardian of your Person in the event you are too sick or disabled to make your own health care decisions. If you have a properly prepared Power of Attorney, there will be no need to appoint a Guardian over your Property .
Adoption
Thinking about expanding your family by adoption? Congratulations! The Office of Attorney Cedulie Laumann can assist with adoptions, whether step-parent adoptions, or those involving a child born to an unrelated birth mother. Call 410-216-7000 or to schedule a free consultation.
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