GUARDIANSHIP

Guardianship is the legal process through which someone (a guardian) is appointed by the Court to make decisions on behalf of an individual who can no longer do so independently. For families with elderly or disabled loved ones in Maryland, guardianship is an essential tool to ensure that medical, financial, and personal decisions are made in the best interest of the individual.

With 30 years of experience, The Law Office of Jane P. Sopher is dedicated to guiding families with expert legal advice and compassionate support throughout the guardianship process.

Guardianship of the Person vs. Guardianship of the Property

In Maryland, guardianship can be classified into two primary types:

Guardianship of the Person: This type of guardianship allows someone to make decisions about an individual’s personal care. That includes healthcare, medical treatment, living arrangements, and other day-to-day needs. It’s typically necessary when a person is unable to make these decisions on their own due to illness, cognitive decline, or other forms of incapacity.
Guardianship of the Property: This gives a guardian the authority to manage someone’s financial affairs, such as paying bills, handling bank accounts, and protecting assets. It’s often needed when an adult can no longer manage their finances, which may happen due to dementia, brain injury, or other serious health conditions.

It is possible for one person to be appointed to manage both personal and financial matters, but in some cases, separate individuals may fulfill each role.

When Is Guardianship Necessary?

A common question is whether guardianship is truly necessary or if a power of attorney (POA) is enough. A POA is a legal document in which an individual grants another person the authority to make decisions on their behalf, such as managing finances or making healthcare choices. If your loved one has already signed a POA or is still capable of signing a POA while competent, that option may be sufficient.

However, if your loved one did not execute a POA before becoming incapacitated, then guardianship may be the only option. Guardianship allows a court-appointed individual to step in and manage the person’s personal and/or financial affairs when they are no longer able to make decisions independently.

In situations where your loved one is disabled due to conditions like advanced dementia, brain injury, or other forms of cognitive decline, a guardianship can ensure that their health, safety, and finances are managed properly. Without guardianship, family members may be unable to access funds, pay bills, or make critical decisions regarding their loved one's care.

The Guardianship Process in Maryland

At The Law Office of Jane P. Sopher, we guide you through the guardianship process with clarity and compassion. Below are the key steps involved:

Consultation and Case Assessment: We begin with a consultation to evaluate your situation and confirm that guardianship is the appropriate solution. We will discuss your loved one’s medical condition, whether any estate planning documents exist, and the specifics of your case.
Medical Certifications of Incapacity: Maryland law requires two certifications from healthcare professionals confirming that the individual is unable to make responsible decisions. This is a necessary step to establish that guardianship is needed. At least one of these certifications must be recent, within 21 days of filing the guardianship petition. We’ll provide you with the appropriate forms and guide you through the process of obtaining these certifications.
Filing the Guardianship Petition: After obtaining the medical certifications, we will file a guardianship petition with the Maryland court. This petition will include the medical certificates and details about the person’s incapacity. We will also notify all interested parties, such as family members, that the guardianship proceeding is taking place.
Court Hearing: A court hearing will be scheduled, where a judge will review the petition and hear testimony. Our firm will represent you in court, presenting the case for guardianship and answering any questions from the judge. If there are no objections from other family members, the process is typically straightforward.
Post-Hearing Steps: After the court grants guardianship, the appointed guardian must complete an orientation and training to understand their responsibilities. If you are the guardian of the property, we will prepare an inventory of the assets and file this with the court for you. There may also be requirements for filing periodic reports or posting a bond to protect the person’s assets.

We will manage the entire legal process for you so that you can focus on helping your loved one.

Why Choose The Law Office of Jane P. Sopher?

With over 30 years of experience in elder law and guardianship cases, Attorney Jane P. Sopher understands the complexities of the guardianship process. She has personally navigated these issues with her own family, which gives her a unique perspective on the emotional and legal challenges families face.

What sets us apart is our approach. We provide personalized, hands-on service for every client. We will guide you through each step of the guardianship process, ensuring that you feel informed and supported. We handle all the legal aspects—from filing the petition to representing you in court—while ensuring that you understand your rights and responsibilities as a guardian.

Our firm is committed to providing compassionate, efficient service to families in need. We offer clear communication and timely responses to your questions. When you contact us, you’ll speak directly with Jane herself or a knowledgeable staff member, not someone who is unfamiliar with your case.

Guardianship can be a daunting process, but you don’t have to face it alone. The Law Office of Jane P. Sopher is here to help. If you’re unsure whether guardianship is the right step for your loved one, or if you’re ready to start the process, we encourage you to reach out to us.

Contact us today by filling out the contact form on our website or calling our office at (410) 486-8910. We’ll be happy to answer your questions and guide you through the process.

Let us help you navigate the guardianship process with ease. Reach out today and take the first step toward protecting your loved one’s well-being and future.