Protecting Loved Ones Through Guardianship in Maryland
When a family member becomes unable to manage their own personal or financial affairs due to illness, disability, or advanced age, legal guardianship or conservatorship may be necessary to protect their well-being and interests. At Bienstock Law, we have years of experience in Maryland with guardianship and conservatorship matters, including elder law. We provide compassionate, knowledgeable, and highly effective legal representation and are uniquely positioned to guide families through the complexities of the process. Your loved one’s best interests are always our priority.
What is Guardianship?
Guardianship, sometimes referred to as conservatorship, is a legal arrangement where a court appoints an individual (the guardian or conservator) to make decisions on behalf of another person (the ward) who is unable to make decisions for themselves. This may be necessary in situations involving:
- Elderly individuals suffering from Alzheimer’s, dementia, or other cognitive impairments.
- Adults with disabilities who are unable to manage their personal or financial affairs, e.g., due to mental disability, disease, habitual drunkenness, addiction to drugs.
- Minors whose parents are no longer able to care for them due to illness, death, or other circumstances.
Guardianship and conservatorship responsibilities may include managing the ward’s finances, making healthcare decisions, and ensuring the ward’s overall well-being.
Types of Guardianship and Conservatorship in Maryland
At Bienstock Law, we assist clients with a variety of arrangements, including:
- Guardianship of the Person – This type of guardianship or conservatorship allows the guardian to make personal and medical decisions for the ward, such as choosing living arrangements, coordinating medical care, and ensuring daily needs are met.
- Guardianship of the Property – This type grants authority to manage the ward’s financial affairs, including paying bills, managing assets, and handling income.
- Emergency or Temporary Guardianship – For urgent situations, a temporary guardian or conservator can be appointed to handle immediate concerns while a permanent arrangement is established.
The Guardianship Process in Maryland
Weighing capacity versus competence, the court is the ultimate decider of whether an individual lacks the legal capacity to make decisions regarding their personal or financial welfare. Navigating the guardianship or conservatorship process can be overwhelming. But Bienstock Law is here to help simplify this process for you and support you through this difficult journey. The steps typically include:
We’ll provide comprehensive support at every stage of this process, ensuring all documentation is properly prepared and deadlines are met.
Avoiding the Need for Guardianship
In a guardianship or conservatorship proceeding, the court needs to determine if there are any less restrictive alternatives available. And, in many cases, guardianship or conservatorship can be avoided through proper estate planning. Bienstock Law offers proactive legal solutions, such as:
- Establishing powers of attorney for financial and healthcare decisions.
- Creating living trusts to manage assets.
- Drafting advance directives to specify healthcare preferences.
By planning ahead, families can reduce the likelihood of needing guardianship or conservatorship while maintaining greater control over their loved one’s future.
Frequently Asked Questions About Guardianship
Why Choose Bienstock Law for Guardianship Cases?
- Experienced Legal Representation – We bring years of experience in guardianship, conservatorship, and elder law to every case.
- Personalized Attention – We take the time to understand your family’s unique needs and develop a tailored legal strategy.
- Compassionate Support – These cases can be emotional and challenging. We provide empathetic guidance to help ease the burden.
Contact Us Today
If you’re considering guardianship or conservatorship for a loved one or want to explore alternatives, Bienstock Law is here to help. Contact us today at info@bienstocklegal.com or call 301-251-1600 to schedule a consultation and take the first step toward ensuring your loved one’s care and protection.