![]() the name, address, and qualifications of the person who performed the examination or evaluation.One licensed certified social worker–clinical or.Two certificates from health care professionals who have examined or evaluated the alleged disabled person certifying that the alleged disabled person is, in fact, disabled and in need of a guardianship must accompany the petition. If a guardianship over property is sought, the petition should include a description of the alleged disabled person’s assets, including current values of those assets. If not, the petitioner should file a motion requesting an attorney be appointed by the court to represent the alleged disabled person in the guardianship proceeding. If the disabled person is represented by an attorney, that attorney’s name and address should be included in the petition. This strategy may also ultimately be helpful in assisting the Petitioner to recover his or her legal fees from the guardianship estate.Īny petition must also disclose whether a guardian or conservator has been appointed for the alleged disabled person in another proceeding or whether an instrument exists that nominates a guardian. Providing a detailed history can set the stage for the court and can also protect the Petitioner from accusations of having filed a proceeding in bad faith. The petition should “tell a story.” This is especially true when there are complicated circumstances giving rise to the filing of the petition, such as significant medical issues, family discord, or if the matter is expected to be contested. While not specifically required by rule, it may be a good idea for the Petitioner to include a detailed background of events leading up to the Petitioner’s decision to file the guardianship petition. The Petitioner must address less restrictive alternatives, including describing the less restrictive alternatives that have been attempted and failed. If a guardianship over property is sought, specific examples of the alleged disabled person’s inability to manage his or her property and affairs effectively are required. ![]() For example, in a petition to appoint a guardian of the person, the Petitioner will need to specify facts demonstrating the alleged disabled person’s inability to make or communicate responsible decisions concerning his or her person. The Maryland Rules specifically require a Petitioner to set forth detailed examples supporting each element of proof necessary to establish a guardian of the person or property. how it affects the alleged disabled person’s ability to function, and.description of the nature of the disability,. ![]() The petition must also generally provide: An “interested person” is specifically defined by law, not just someone who has an interest in the guardianship proceeding. The “alleged disabled person” is the person for whom you are asking the court to appoint a guardian to manage their personal and/or financial affairs. The “Petitioner” is the person asking the court to appoint a guardian for the alleged disabled person. The petition should contain detailed information about the Petitioner, the alleged disabled person, and all other interested persons. The Maryland Rules provide detailed guidance as to what should be included in the petition, and court forms are available on the Maryland Courts website. ![]() Guardianships of person and property are often sought in the same petition, but they do not have to be. A petition for guardianship of the person may alternatively be filed in the county in which the alleged disabled person is hospitalized or, for a non-resident alleged disabled person, where he or she is then located.Ī petition for guardianship of the property of a disabled person who does not reside in Maryland may be filed in the county in which a petition for guardianship of the person may be filed, or in the county where any part of the alleged disabled person’s property is located. You must file the petition with the circuit court in the county where the alleged disabled person resides. Code, Estates and Trusts Article § 13-101 If the court determines that a person is disabled, the court will appoint someone, most often an interested person, to serve as guardian, and issue an order setting out the terms and conditions of the appointment.Īnyone who petitions a court for a guardianship (the “Petitioner”) must be an interested person as defined under the law. Prior to that determination, a person is presumed to have capacity. It is initiated when someone files a petition with a Maryland circuit court to be appointed guardian for an “alleged disabled person.” Note that a disabled person is always an “alleged” disabled person until that person is determined by a court to be disabled, based on competent medical evidence, affidavits, or opinions. Establishing a guardianship is a formal, public, legal process.
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