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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.
You complete the petition, file it with the court and pay the filing fee. File the petition in the Circuit Court where the ADP lives or is hospitalized, if you are seeking guardianship of the person. If you are seeking guardianship of the property, file in the jurisdiction where the ADP's property is located.
Alternatives to guardianship include: Advance directives. Surrogate decision-making. Assistance with personal needs.
Appointing a Temporary Guardian in Maryland The court conducts a hearing where evidence is presented to establish whether guardianship is necessary and whether the proposed guardian is capable of serving in this role. The court may ultimately appoint a legal guardianship for the person, property, or both.
Durable powers of attorney are generally recognized as least restrictive alternatives to the appointment of a guardian of the property.
10-112 (Petition for Guardianship of Alleged Disabled Person). Factors to consider when determining whether to appoint a guardian who has been convicted of a disqualifying offense under Md. Code, Estates and Trusts Article § 11-114.
Legal custody describes the authority to make decisions about a child's education, medical care and other critical factors. Both of these can be included in third party custody in Maryland. Guardianship refers to a legal relationship where the guardian is allowed to act on behalf of their ward or the dependent party.
A guardian of the ?property? is responsible for managing the ward's money and other assets. Sometimes a guardian of the property is called a ?conservator.? In Maryland, ?guardian of the property? is more commonly used. You can be appointed guardian of both person and property.