Guardianships

Family Law

Our Guardianship Services Include:

» Guardians of Disabled Adults
» Guardians of Minors
» Fiduciary Duties of Guardians
» Guardianship Reports & Accounts

» Prosecuting Guardianships
» Defending Against Guardianships
» Removal of Guardian for Misconduct
» Tax Advice for Guardians

Guardianship is a powerful legal tool of last resort to safeguard and protect the property, assets, health care, and custody of minors and disabled adults.

The Maryland law governing Guardianship is full of complexities and pitfalls which add to the stress of an already overwhelming and often heartbreaking crisis that brings clients to our offices.

Rutledge & Aitken offer our clients the benefit of the perspective and experience that our attorneys bring to Guardianship. Our substantial experience equips our attorneys to provide our clients with compassionate counsel and pragmatic advice.

In addition to providing litigation and courtroom representation, Rutledge & Aitken help our clients plan and take concrete steps to avoid and reduce the chances of ever having themselves or their family subject to Guardianship.

Not all disabled adults will need a Guardianship, and with proper planning and counsel, many Guardianships could be avoided all together through the use of Powers of Attorney, Advance Directives, and Trusts, including special needs trusts, revocable trusts, and testamentary trusts.

Take a look at Wills, Trusts and Estates. But when a Guardianship suit needs to be prosecuted or defended, we stand ready to provide zealous litigation and courtroom representation.

Types of Guardianship and Disabled Adults

Disability can trigger the need for an adult to have a Guardian. Adult Guardianships come in 2 forms: Guardianship of the Property and Guardianship of the Person.

Guardianship of the Property of a disabled adult is proper and necessary when a person is unable to effectively manage his or her own property and financial affairs because of

  • Drug or alcohol addiction; or,
  • Mental illness or psychiatric disease; or,
  • Physical illness or disability.

Guardianship of the Person of disabled adult is proper and necessary when a person is unable to make responsible decisions pertaining to their own personal day to living and care and shelter, and that lack of ability is caused by

  • Drug or alcohol addiction; or,
  • Mental illness or psychiatric disease; or,
  • Physical illness or disability.

Selection of the Guardian

The Court selects and appoints the person who will serve as the Guardian. The Court may select the same person to serve as both the Guardian of the Property or the Person, or in many cases, the Court will determine that the best person to serve as Guardian of the Person is not the best person to serve as Guardian of the Property.

Once appointed, the Guardian is actually answerable to the Court and is not an autonomous authority. The law and the Order of the Court impose parameters and limitations on the powers of the Guardian. Each year, the Guardian must report and account to the Court.

Rutledge & Aitken welcome the opportunity to serve you and provide you with advice, counsel, and representation for all of your Guardianship concerns, challenges, and needs.

 

CONTACT US

You May Contact Us Directly

Phoenix, Maryland
14346 Jarrettsville Pike, Suite 300
Phoenix, MD 21131
Phone: (410) 628-0050

Mailing Address
PO Box 395
Phoenix, MD 21131

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