Maryland Note to Judge Regarding Guardianship
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FAQ
A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward.A parent of a child is normally not considered a guardian, though the responsibilities may be similar.
A Guardian usually signs legal documents on behalf of the Ward, chooses an appropriate living situation for the Ward, and grants, withholds, and withdraws consent to medical treatment. In most situations, it is necessary to disclose the Guardian/Ward relationship.
These types of decisions may include giving consent to medical care or treatment; purchasing or arranging for purchase of such necessities as food, clothes, cars, household items, and other personal items; arranging for education; and managing finances and bank accounts, making investments, hiring professionals, etc.
Guardianship of the person. The legal guardian has the right to consent for the minor and make all decisions regarding the minor's health and education. A legal guardian will maintain custody of the minor until the minor reaches the age of eighteen, or until a judge determines that the minor no longer needs a guardian.
The names of the forms are usually: Petition for Appointment of Guardian (or Petition for Appointment of Guardian of Minor) Petition for Conservatorship (when dealing with an incompetent adult) Order Appointing Guardian.
Under the proposed changes, a guardian could also disclaim a ward's interest in property. These proposed changes will allow guardians to create TOD beneficiary designations and change beneficiary designations for annuities, insurance policies, and retirement plans of the ward.
If you disagree with the guardianship orders, you can appeal to the NCAT Appeal Panel or the Supreme Court of NSW. Appeals can only be lodged within a certain period of time from the date of the decision.
A guardian is also prohibited from making gifts from the ward's estate. Generally, a guardian cannot tie up the ward's money by purchasing real estate, but can lend the money to someone else buying real estate if the property is sufficient security for the loan.