Maryland Conservatorship Questionnaire

State:
Multi-State
Control #:
US-Q1007
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a conservatorship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

For a minors without a disability, the guardianship ends when the minor turns 18, becomes emancipated, or dies. For minors with a disability who turn 18, you or another interested person can file for guardianship of an alleged disabled person.

The first step in proving incapacity in Maryland is to provide the court with two physician's certificates. The physician's certificates show that the physician has examined the alleged incapacitated adult and provides evidence of the condition that result from the incapacity.

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.

In the state of Maryland, guardianship, called conservatorship in some states, refers to a court-appointed individual or entity responsible for making some or all personal and/or financial decisions for another person, either a legally defined ?disabled person? or a minor.

Legal guardianship can be obtained through Family court or if the child is in foster care, guardianship is obtained in Juvenile court. The guardianship assistance program (GAP) is only available to relative caregivers who have assumed guardianship to a child committed to state or in foster care.

(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.

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Maryland Conservatorship Questionnaire