Maryland Advice of Rights - Guardian of the Person

State:
Maryland
Control #:
MD-SKU-1241
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PDF
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Description

Advice of Rights - Guardian of the Person

Maryland Advice of Rights — Guardian of the Person is a document issued by the court that outlines a person’s rights when they are appointed as a guardian of the person. It is issued when the court determines that a minor child or an incapacitated adult needs assistance making decisions regarding their health care, living arrangements, and other important matters. The Maryland Advice of Rights — Guardian of the Person outlines the scope of the guardian’s authority, their responsibilities, and the types of decisions they may or may not make on the behalf of the incapacitated person. There are two types of Maryland Advice of Rights — Guardian of the Person: Limited and Plenary. Limited Guardianship of the Person grants the guardian limited authority over the incapacitated person’s finances and healthcare decisions. Plenary Guardianship of the Person grants the guardian full authority over the incapacitated person’s finances and healthcare decisions.

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FAQ

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.

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.

(Md. Rule 10-204) IF THE COURT APPOINTS A GUARDIAN OF YOUR PERSON, YOU WILL LOSE CERTAIN VALUABLE RIGHTS, WHICH MAY INCLUDE THE RIGHT TO MAKE DECISIONS FOR YOURSELF ABOUT WHERE YOU LIVE, HOW YOU LIVE, AND WHAT MEDICAL CARE YOU RECEIVE.

Guardian of the Property ? A guardian of the property manages the disabled person's financial affairs and makes financial decisions that are in their best interests. Examples of financial decisions include collecting income, applying for benefits, managing property, and paying bills.

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.

Unlike a power of attorney, where the grantor retains authority to make decisions on his or her own behalf, a guardianship authorizes the guardian to make all decisions for the person over which it is granted exclusive even of that person.

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.

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Maryland Advice of Rights - Guardian of the Person