Locations
1400 Front Avenue, Suite 200,
Lutherville, Maryland 21093
Phone: 410.337.8900
Fax: 410.337.0031
212 West Main Street, Suite 208,
Salisbury, Maryland 21801
Phone: 410.749.6390
Fax: 410.749.6390
Toll Free 1.888.338.0400
Affiliated with:
Davis, Agnor, Rapaport & Skalny, LLC
10211 Wincopin Circle, Suite 600
Columbia, MD 21044
Of Counsel:
Robert Ahlstrom, PA
Phyllis J. Erlich
Guardianship
When a disabled individual has not put a plan in place which gives another person the ability to make health care and/or financial decisions for them, our attorneys can be of assistance. In Maryland, the Circuit Courts have exclusive jurisdiction over guardianship proceedings. Our attorneys can advise you on the need for Guardianship, assist you in a petition to the court to obtain Guardianship, advise you of your role and obligations as Guardian if appointed and assist you with the annual reporting requirements to the court.
- Guardianship of Person
Our attorneys can advise you if there is a need to obtain Guardianship of Person. The Guardianship may not be necessary even if the disabled individual did not execute a health care power of attorney appointing a health care agent. Since 1993, Maryland law has allowed for surrogate health care decision making. In the absence of an advance directive, a surrogate decision maker can make health care decisions if the individual’s attending physician and a second physician certify in writing that the disabled individual is not able to make medical decisions. The Health Care Decisions Act sets forth a list of individuals who are allowed to make these decisions on the disabled’s person’s behalf. This list is extensive and in many instances a Guardian of Person is not necessary. If a Guardianship of Person is necessary, our firm can provide representation for the court proceedings and advise you of your role and obligations if appointed as Guardian of the Person. We can also assist you in the annual report to the court.
Note: We cannot provide representation for guardianship of person proceedings in Baltimore County.
- Guardianship of Property
Our attorneys can review the situation and advise you whether there is a need to obtain Guardianship of Property. While there is nothing akin to surrogate decision making in the financial arena, depending on the manner in which assets are titled and sources of income of the individual with disabilities, a Guardianship of Property may not be necessary. For instance, where the only source of income is Social Security, the finances may be handled through application to the Social Security Administration's Representative Payee program. In the event that a Guardianship of the Property is needed, our firm can provide representation for the proceeding and advise you of your role and obligations if appointed as the Guardian of Property. We can also assist you in the annual accountings to the court.
