Frequently Asked Questions About Guardianships
Guardianship of Minors
What is legal guardianship of a minor?
Legal guardianship is a court order that says someone other than the child's parent is in charge of taking care of the child. Legal guardians have a lot of the same rights and responsibilities as parents. For example, they can decide where the child lives and goes to school, and they can make decisions about the child's health care.
What is the difference between guardianship and adoption?
Guardianship is not the same as adoption. A guardianship just gives custody of a child to the guardian. Guardianship doesn't take children away from their parents forever. Parents must continue to support their children financially in a guardianship. In a guardianship, children can inherit money or get social security benefits from their parents. The children in a guardianship are still related to their parents. The court can let the parents or relatives visit with the children in a guardianship. A guardianship can last until the child turns 18 or the court can end a guardianship and give the child back to the parents, or choose a new guardian.
Who can be a legal guardian?
A guardian may be but doesn't have to be a relative of the child. Guardians can be:
- Grandparents,
- Sisters and brothers,
- Aunts and uncles,
- Other relatives,
- Foster parents,
- Friends of the family, or
- Someone else who knows the child.
What rights and responsibilities does a legal guardian of a minor child have?
Among other responsibilities, guardians are responsible for:
- Medical Decisions: You can make medical decisions for the child including most medical and dental treatments, and for counseling or therapy.
- Education: You can choose the child's school and learning program, monitor how the child does in school and meet with the teacher.
- Social Services: You can get help for the child from various social service agencies in Maryland.
- Where the Child Lives: You can decide where the child lives. If you move to a different city in Maryland, you have to tell the court in writing.
- Financial Support: Even if there is a guardian, the parents must support their child financially. As guardian, you can choose to support the child by yourself, or if you want help, ask for welfare, foster care payments, or other help. The state may try to get child support from the parents.
Guardianship of Adults
Sometimes, for various reasons, adults cannot handle their own affairs. The Maryland statute uses the term "disabled person" to refer to an adult who has been judged by a court "to be unable to manage his property," and therefore needs a guardian of the property, or "to be unable to provide for his daily needs sufficiently to protect his health or safety," and therefore needs a guardian of the person. Until such time as the court determines that the person is in need of a guardianship, the person is referred to as an "alleged disabled person".
In deciding whether to seek a guardianship of the person, it is necessary to evaluate, among other things, whether the alleged disabled person is unable to make or communicate responsible decisions concerning health care, food, clothing, or shelter, and whether less restrictive alternatives have been attempted and have failed. If the alleged disabled person lacks counsel, the court appoints an attorney for that purpose. The alleged disabled person has a right to be present at a hearing, unless unwilling or unable to attend. A guardianship order may be entered only if the court finds that it is justified by clear and convincing evidence. Maryland law favors limited guardianship orders, in which a court grants "a guardian of the person only those powers necessary to provide for the demonstrated need of the disabled person."
In deciding whether to seek guardianship of the property of an alleged disabled person, it is necessary to evaluate, among other things, whether that individual is unable to manage property or assets effectively. Should the court appoint a guardian of the property of an individual, that appointed guardian is called a "fiduciary." As a fiduciary, the guardian owes a fiduciary duty to the disabled person and must act in an honest and good faith manner to preserve the disabled person's assets.
For estates with a value greater than $10,000, courts may order the guardian of the property to pay a bond with the court as an assurance against the guardian's mishandling of funds. A guardian of the property must file an inventory of all property within one year of being appointed a guardian, and then an annual accounting. The guardian may receive a nominal fee for services.
Before deciding to bring a guardianship action you should consult with an attorney. The Law Office of L. Juanita Board can assist you in deciding the right course of action for you and your loved ones to ensure that they receive the right level of protection and that you have peace of mind.