When you notice your loved one struggling to manage daily tasks or finances due to a disability, it can be overwhelming and heart-wrenching. Deciding to have a guardian make decisions for them might feel like an extreme step. However, it may be one of the only ways to ensure they receive the support and care they deserve, especially when there aren’t any other options.
Adult guardianship is a formal legal process where a court appoints a guardian to manage one’s personal care or financial affairs. Under Maryland law, there are three main types of guardianship:
Guardian of the person
An adult might need this type of guardian if they have a mental or physical disability, illness or other condition that affects their ability to decide on their welfare. The guardian makes sure they have enough food, clothing and housing. They are also often responsible for the adult’s overall well-being, ensuring they have proper medical care and social activities.
Guardian of the property
This guardian manages the financial matters for a person who lacks the legal capacity to do it themselves. They may be responsible for:
- Managing the person’s property
- Collecting their income
- Applying for benefits and paying bills on their behalf
An adult might need a guardian of the property if they have assets or income that require careful management.
Guardian of the person and the property
This type of guardianship may be necessary when an adult’s condition affects their ability to make decisions about both personal care and finances. In some cases, the court assigns only one guardian to manage both personal and financial affairs. The court may also appoint separate guardians for each area if they deem it more suitable to address the specific needs and circumstances of the individual.
The court makes the final decision
Only the court can decide whether a person truly lacks the legal capacity to make decisions about personal and financial matters. They base their decisions on medical evidence and testimonies from qualified professionals, such as physicians or psychologists.
It’s important to note that the court will aim to preserve the individual’s independence as much as possible. This means considering less restrictive options, such as powers of attorney. If you are considering filing for guardianship for your loved one, it helps to first talk to an attorney if it’s the most appropriate choice for your loved one’s situation.
