Caring for aging parents often involves tough decisions, especially if they can no longer manage their affairs. Guardianship can provide a legal framework to protect their well-being, but it’s important to understand how the process works in Maryland.
What is guardianship?
Guardianship is a legal arrangement where a court appoints someone to manage another person’s personal and financial matters. For elderly parents, this often happens when they are unable to make decisions due to illness, disability, or cognitive decline.
Types of guardianship in Maryland
The state recognizes two main types of guardianship: guardianship of the person and guardianship of the property. Guardianship of the person involves decisions about healthcare, living arrangements, and daily needs. Guardianship of the property focuses on managing financial assets, paying bills, and protecting resources. In some cases, the court may appoint the same individual for both roles.
When is guardianship necessary?
Guardianship may be necessary if your parents can no longer make safe decisions on their own and there are no other alternatives, like power of attorney or advance directives, in place. The court will determine if guardianship is appropriate based on evidence of incapacity and the best interests of your parents.
How does the process work?
To establish guardianship, a petition must be filed in court, followed by a formal hearing. The court evaluates medical reports, testimonies, and other evidence to decide whether guardianship is necessary and who should serve as the guardian.
Responsibilities of a guardian
Guardians must act in the best interests of the elderly parent. This includes ensuring their safety, managing healthcare needs, and making sound financial decisions. Regular reports to the court may also be required to show compliance with guardianship duties.
Guardianship can provide essential support for elderly parents who can no longer manage their affairs, but it’s a decision that requires careful consideration. Understanding the process and responsibilities can help you navigate this important step and ensure your parents receive the care they need.
