LegalEase – April/May 2022

May 6, 2022

From Our Computers to Yours

Friends:

Did you know that May is Military Appreciation Month?  We’re all familiar with Memorial Day, but there are actually several other military holidays during May, including Loyalty Day, VE Day, Military Spouse Appreciation Day, and Armed Forces Day.

We would like to take this opportunity to pay tribute to those who have sacrificed so much for our freedom.  To the past and present military members and their families, we salute you, celebrate you, appreciate you, and thank you for your service to our country.

Any day is a good day to say “thank you.”

Your Attorneys,
Steve Bienstock
Josh Bienstock

UNDERSTANDING GUARDIANSHIP

Guardianship is a legal procedure in which the Court determines that a person is in need of protection because:

  • Their severe disabilities, hospitalization, or other impairments affect their ability to make decisions.  They are unable to provide for their own daily needs and/or unable to manage their own property.
  • They are minors (under 18 years old)

After what can be a complex legal process, the Court appoints a Guardian, who will make decisions about the person and/or his/her property. There are two types of Guardianship:

  • Guardianship of the Person:  This person is responsible for providing proper care (food, clothing, shelter, etc.) for the disabled person and for making personal decisions for the disabled person or minor about important issues, such as education, finance, healthcare, etc.
  • Guardianship of the Property:  This person is responsible for appropriately managing the money and other assets of a disabled person or minor and for keeping and safeguarding his/her financial records. It is very important to understand that the Guardian of the Property must act as a fiduciary of the disabled person, which means that the Guardian must act honestly and faithfully to preserve the disabled person’s property and to use the assets for the benefit and welfare of the disabled person.

One person can serve as both Guardian of the Person and Guardian of the Property, or different people may serve in each role.

When should you consider going down the guardianship path for a loved one?  If you want to talk about guardianship and whether or not it’s right for your situation, please be in touch with us.  We know this is a difficult decision, and it is important to understand the road ahead.

(A Power of Attorney, done while someone is competent, avoids the need for a Guardian.)

BELIEVE IT OR DON’T!

Here are some interesting Maryland laws, past and present:

  • A woman may not go through her husband’s pockets while he is sleeping.
  • Men may not buy drinks for female bartenders.
  • Eating while swimming in the ocean is prohibited.
  • It is a violation to be in a public park with a sleeveless shirt, including joggers.
  • You cannot swear while inside the city limits of Baltimore.
  • Spitting on city sidewalks in Baltimore is prohibited; spitting on a city roadway is not.
  • You cannot sell chicks or ducklings to a minor within one week of the Easter holiday in Baltimore City.
  • It’s illegal in Caroline County to forecast or pretend to foretell the future.
  • Kisses longer than one second are illegal in Halethorpe.
  • A law from the early 1900s prohibits men from going topless on the Ocean City Boardwalk.

Q&A

 Q.  My partner and I have decided to separate.  Our 3-year old child will be living with me.  Is my partner obligated to pay child support for our child?
  • A. It is important to understand that no parent has a legal obligation to pay child support until a Court order is issued. If you haven’t already, you should file a Petition for Custody and Support of Minor Children with the Court.  Note that Support can include child care expenses, health insurance coverage, medical expenses, educational expenses, and travel expenses.  Filing for Custody and Support can be a complex process.  We’d be happy to walk you through what to expect.
Q.  I was recently in a car accident, and someone told me to keep a journal.  What is the value of the journal?
  • A. We recommend that our personal injury clients start a journal immediately after the accident, keeping at least a weekly record of their condition and progress.  This would include how they feel, how injuries are (or are not) healing, and how their life is being impacted by their injuries, e.g., work life, social life, personal life, and life in general.  All of this information can be critical if there is a lawsuit.
Q.  My mother recently passed away and did not have a Will.  Is that going to be a problem when I try to open her estate?
  • A. No, it will not be a problem when opening the estate.  As with any estate being opened, there are specific forms that need to be completed and filed with the Court.  A Will includes certain information that facilitates the administration of the estate, like nomination of a Personal Representative.  And, of course, the Will also states the person’s wishes on how their estate is to be distributed.  When someone passes away without a Will (this is called “intestate”), the distribution of the estate will be done according to law, regardless of family dynamics, special relationships, etc.  (This is one of the many reasons why it is important for everyone to have a Will—so your assets can go to whom you want.)

Do you have a question for us?
Are there any topics you would like to hear more about? 
Email our Paralegal, Sheila, at sheila@bienstocklegal.com
or call us on 301-251-1600.