The Maryland Designation of a Guardian of the Person by a Minor is a legal document that allows a minor (under the age of 18) to designate a guardian of the person in advance. This document is typically used when a minor’s parents are unable or unwilling to care for them for an extended period of time. The guardian is responsible for making decisions regarding the minor’s health, welfare, education, and general care. There are two types of Maryland Designation of a Guardian of the Person by a Minor. The first type is an “immediate caregiver” designation, which allows for temporary guardianship of the minor until a more permanent solution can be found. The second type is a “long-term” designation, which allows for guardianship of the minor until the minor reaches 18 years of age. This document is not a substitute for a Maryland court-appointed guardianship, but it can be used as evidence in court proceedings. It is important to remember that the designated guardian must be approved by a court before they can assume guardianship of the minor.
Maryland Designation of a Guardian of the Person by a Minor
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FAQ
A guardian of a minor is a person that has the powers and responsibilities of a parent concerning the child's support, care, education, health, and welfare. A minor is a child under 18 years old. Guardians must at all times act in the child's best interests.
A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.
Types of Guardians Guardian of the Person ? A guardian of the person takes care of the minor's personal and physical needs.Guardian of the Property ? A guardian of the property manages the minor's financial affairs and makes financial decisions that are in the minor's best interests.
Only ?interested persons,? as defined by Maryland law, can petition for guardianship of a minor. In addition, interested persons, even if they are not appointed as guardian of the minor, can ask the court to address problems with the guardianship.
When a person is unable to take care of their personal or financial needs because of age, disease, or disability, the court may appoint a guardian. Court-appointed guardians protect Maryland's most vulnerable individuals.
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).
To become a guardian of a minor in Maryland, an individual has to petition the court; that requires notification of all interested parties of a child that they are petitioning the court. Typically, the court then allows a period for other individuals to object to the appointment.
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.
