Guardianship in Maryland
Sometimes families step in to care for a child, an elderly loved one, or a person with a disability. Even when everyone agrees that you are the right person to help, you may still need legal authority to make decisions.
In Maryland, guardianship is one legal option that may allow you to care for someone and make decisions on their behalf.
Guardianship of a minor
Guardianship of a minor may come up when a child’s parents are unable to care for the child, or when a non-parent needs legal authority to enroll the child in school, consent to medical care, or provide stable day-to-day care.
Depending on the situation, the court may consider:
· The child’s current living situation
· The parents’ ability to care for the child
· The stability and safety of the proposed guardian’s home
· What arrangement is in the child’s best interests
Guardianship of an adult
Guardianship of an adult may be needed when a person cannot make or communicate responsible decisions due to disability, illness, or other limitations.
These cases can be sensitive. The court process is designed to protect the person’s rights while also addressing the need for care and decision-making.
Guardianship vs. other legal tools
In some situations, a power of attorney or other planning document may be a better fit than guardianship. The right option depends on the person’s capacity, the urgency of the situation, and what legal authority is needed.
Helpful checklist: Questions to consider
· Who needs care and what decisions need to be made?
· Is there an existing power of attorney or advance directive?
· Is the situation temporary or long-term?
· Is there agreement within the family, or is there conflict?
· What documents can you gather to show the need for guardianship?
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If you are considering guardianship for a child or an adult, we can help you understand the process and what steps to take next.
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Based on Maryland law. This post is for general informational purposes only and does not constitute legal advice. Every situation is different, and outcomes depend on the specific facts of your case.