When is Guardianship Necessary?

In Maryland, a court may appoint an individual to manage the person and/or property of a disabled person. When a court appoints a guardian, following a hearing and other procedural safeguards, the disabled person loses control over the management of their affairs.

A guardianship action may not always be necessary however. For example a competent adult who executes a Durable Power of Attorney, whereby they appoint an agent to handle their financial affairs, or a Medical Power Of Attorney, may not need to have a guardian appointed over their person and/or property.

Furthermore, an appointment of a person as guardian over the property of a disabled person may not be necessary, if the disabled person does not have any property or assets requiring competent management. For example, a disabled person who has a stock account will probably need someone to manage that account for them.

Under the provisions of the Maryland Health Care Decisions Act, a family member or close friend may act as a surrogate for a disabled person and consent or refuse to consent to medical treatment without having been appointed as guardian, unless another individual is the court appointed guardian, or health care agent for the disabled person. A surrogate may make medical decisions only however and does not have the authority to sign a disabled person into a nursing home, unless they have been appointed as guardian, or the disabled person can competently give their consent to the placement.

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All materials on this Web site are the property of Valerie A. Rocco, of the Law Offices of Valerie A. Rocco. © Copyright 1998 - 2005 Valerie A. Rocco. All rights reserved.