Many families find themselves in a variety of difficult situations. When the matter is regarding a minor or a disabled person, a challenging situation can become even more delicate. Sometimes, the court appoints an individual to act as the guardian for another party who cannot care for their personal or financial needs. The state of Maryland takes guardianship very seriously and has recently taken additional steps that will require all future guardians to partake in an orientation program. If you have been appointed by the court to act as an individual’s guardian or petition for this role, speaking with an experienced elder law attorney is essential. Contact JDKatz today to discuss your case.
What is a Guardianship?
As our loved ones age, it can become difficult for them to handle their personal and financial matters alone. Of course, family members willing and able to aid their loved ones in ensuring all of their issues are handled will try to do so. However, if family support is lacking or if there are concerns about an individual’s ability to manage their affairs, the court may intervene. Sometimes, the court takes it into its own hands and decides that an individual’s guardian should be appointed. Whatever the case, a potential future guardian needs to understand their responsibility.
Responsibilities of a Guardian
In Maryland, a person appointed to act as the guardian for another person’s property or money is also considered a fiduciary. The state has outlined four primary duties that must be met when fulfilling this role.
- The guardian must only act in the individual’s best interest.
- The guardian must manage the individual’s money and property carefully.
- The guardian must keep the individual’s money and property separate from their own.
- The guardian must maintain accurate records of all money and property.
Not only does a guardian have a responsibility to the individual, they also have one to the court. Guardians must maintain transparency and accountability, ensuring they adhere strictly to the guidelines outlined in the court’s order. All guardians must be prepared to answer any court questions because they trust that person to meet all duties. Some of the other responsibilities that a guardian may have can include the following:
- Ensure that all bills and taxes are paid on time.
- Ensure that the individual is living in a safe environment.
- Make an inventory of all of the individual’s assets.
- If the court order gives specific instructions, follow them.
- Keep receipts for all expenses.
- Depending on the arrangement, ensure that all healthcare needs are met.
Choosing a Guardian
Many people will choose someone they would like to act as their guardian if they can no longer handle matters alone. This is often included as part of one’s estate plan. When weighing this critical decision, discussing these choices with family members is crucial to ensure everyone understands your wishes. When choosing a guardian, they must be a very trusted individual who will not take advantage of one’s finances or exploit them in any way. This role should not be offered or accepted lightly. Moreover, individuals should consider discussing their choice with the potential guardian to ensure they are willing and able to take on the responsibilities involved. If you have questions, contact an experienced elder law attorney at JDKatz.
Contact a Maryland Guardianship Attorney
If you or a loved one is planning their estate, consider a party that would be able to take on the role of guardian if need be. In cases where the court appoints a guardian, it is essential to understand the role that is being accepted. If you have questions about any matters related to guardianship in Maryland, contact the experienced attorneys at JDKatz today to discuss your situation. Let us help you find the best solution.