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Maryland Petition for Guardianship of Alleged Disabled Person

State:
Maryland
Control #:
MD-SKU-0265
Format:
PDF
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Description

Petition for Guardianship of Alleged Disabled Person

The Maryland Petition for Guardianship of Alleged Disabled Person is a legal document used when an individual seeks to become a legal guardian of a disabled person in Maryland. This petition requests the court to appoint a guardian for the alleged disabled person, who is unable to care for themselves or make decisions due to a mental or physical disability. The petition must be filed in the circuit court of the county where the disabled person resides. The petition must include information about the alleged disabled person, including their name, age, residence, and the nature of the disability. It must also provide a description of the guardianship requested, such as whether the guardian will have full or limited powers, and the proposed guardian’s qualifications. There are two types of Maryland Petition for Guardianship of Alleged Disabled Person: Guardianship of the Person and Guardianship of the Estate. Guardianship of the Person is the appointment of a legal guardian to make decisions on behalf of the disabled person concerning their health care, living arrangements, and other matters of personal care. Guardianship of the Estate is the appointment of a guardian to manage the disabled person’s financial affairs.

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FAQ

In Maryland, guardianship determinations are made by a judge, and depending on the nature of the petition, the petitioning process can take somewhere from a few months to a year before an individual is appointed.

To obtain guardianship over a minor child, you should file a petition for guardianship in the name of the minor child. Guardianship forms and instructions can be found on the Maryland Courts website.

?There are two types of guardianship appointments: A guardian of the person is authorized by the court to make decisions for the disabled person about their health care, shelter, and any other daily needs. A guardian of property is a person or agency appointed by the court to manage the property of a disabled person.

The Adult Public Guardianship program exists to safeguard the welfare of persons with disabilities. Public guardianship is a legal procedure in which the court determines if a person's ability to make health and safety decisions for themselves is significantly impaired by disease, accident or disability.

A guardianship is usually indefinite, though the ward may petition the court at any point to end the guardianship if they feel the situation is no longer necessary. A temporary guardianship, meanwhile, typically ends after a set date.

For a guardian of the property, the order of priority is as follows: A guardian, conservator or similar fiduciary appointed by a foreign jurisdiction. The second priority is someone designated by the disabled person before they became disabled.

MD Rule 10-103(b) (1) Guardian of person- disabled means a person, other than a minor, who, because of mental disability, disease, habitual drunkenness, or addition to drugs, has been adjudged by a court to lack sufficient understanding or capacity to make or communicate responsible decisions concerning himself/herself

Appointing a Temporary Guardian in Maryland In the state of Maryland, to pursue legal guardianship, an action needs to be filed with the Circuit Court of Maryland in the jurisdiction where the person resides or is institutionalized.

More info

Complete a Petition for Guardianship of Alleged Disabled Person (form CC-GN-002). Guardianship hearings are set within 30 days of a petition being filed with the court.Afforded to the incapacitated person, and it lists the same powers over the alleged incapacitated person that you requested in your petition. Alleged Person with a Disability. Person of a Person with an Alleged Disability. The petition must be filled out completely. Petition for Appointment of Guardian, Individual with Alleged Developmental Disability (Form PC658). How person filing petition is related to Alleged Disabled Adult. 3. 10.The alleged incapacitated individual has a spouse whose name and address are listed below. Forms to petition the court for guardianship of a minor or disabled adult.

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Maryland Petition for Guardianship of Alleged Disabled Person