A Maryland Answer to Petition for Guardianship of Alleged Disabled Person is a legal document filed in the state of Maryland in response to a petition for guardianship of a disabled person. The Answer is used to contest the petition and provide information or defenses to the allegations made in the petition. There are two types of Answers: General Denial and Specific Denial. A General Denial is a blanket denial of all allegations made in the petition, without providing specific information or defenses. A Specific Denial is a denial of some or all of the allegations in the petition, accompanied by specific information or defenses. Both types of Answers must be filed within 15 days of the petition's filing.
Maryland Answer to Petition for Guardianship of Alleged Disabled Person
State:
Maryland
Control #:
MD-SKU-1231
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PDF
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Answer to Petition for Guardianship of Alleged Disabled Person
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FAQ
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.
Guardianship of the Person One person can serve as both guardian of the person and guardian of the property, or different people may serve in each role. After the Court appoints a guardian of the person, the guardian has the same rights, powers and duties that a parent has toward an unemancipated minor child.
A guardianship proceeding may become costly if contested. The alleged incompetent person or other family member(s) can contest a proposed guardianship. There may be an unnecessary infringement of the alleged incapacitated person's privacy, freedom and loss of decision-making authority.
This includes providing for everyday needs, such as food, clothing, housing, health (e.g., consent to medical care and medical decisions), and social decisions (e.g., fostering and preserving family relationships). This can also include arranging for services and care for the disabled person (e.g., home health aide).
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
(Md. Rule 10-111) INSTRUCTIONS 1. Use this form of petition when a guardianship of a minor is sought, even if the minor also is disabled. 2. If the subject of the petition is not a minor, use the form petition set forth in Rule 10-112.
(Md. Rule 10-203(d)) If the court appoints a guardian for the person, that person will lose certain valuable rights to make individual decisions. Please examine the attached papers carefully. If you object to the appointment of a guardian, please file a response in ance with the attached show cause order.
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.
