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Our Top Rated Guardianship Law Practice in Elkton, Maryland Focuses on Protecting What's Important!
The Law Offices of Chelsea M. Sadler, LLC., offers Maryland Guardianship Law services for Cecil and Harford County, Maryland. If you are looking for a guardianship attorney to help you with legal matters that arise from issues related to incapacitation, we can offer you, personalized legal counsel. If you are looking for a Cecil County guardianship lawyer for a aging loved one or special needs adult child, we can help guide you through the Maryland Guardianship Process. Schedule a consultation to learn more about our services and how we can assist you and your loved ones. We offer flexible appointment scheduling to accommodate your busy schedule.
Applying for Guardianship in Maryland
To initiate the guardianship process, you must file a petition with the appropriate court. When a person cannot take care of their personal or financial needs because of age, disease, or disability, the court may appoint a guardian. Court-appointed guardians protect Maryland’s most vulnerable individuals.
The petition and court process vary depending on where your loved one lives. State laws and the decision made by the court will also determine your potential risks and duties as a fiduciary — the person appointed by the court — as well as the level of control the ward retains after your appointment.
How does a court decide what to do?
The court is the ultimate decider of whether an alleged disabled person lacks the legal capacity to make decisions regarding his or her care or finances. The court must base its determination of disability, however, on supporting medical evidence from qualified health care providers.
To prove disability, two physicians OR one physician and a psychologist or certified social worker-clinical (LCSW-C), must provide to the court verified certificates that describe the medical or psychological diagnoses of the disability.
Types of Guardianship in Maryland
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Guardianship of a Minor
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Guardianship of an Adult
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Guardianship of an Alleged Disabled Person
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Guardianship of the Property
A court-appointed guardian may be reimbursed for reasonable expenses incurred while carrying out his or her duties as Guardian. Additionally, a court-appointed Guardian may receive a commission for serving as Guardian. A Guardianship terminates upon the death of the incompetent individual or when the court restores the individual’s competence.
When would an adult need a guardian?
With our population living longer, there may come a time during an elderly person’s life when someone else may have to make decisions concerning his or her medical care or financial affairs. But at what point can a person no longer, legally, make those decisions? When is he or she legally “incompetent?”
Legal discussions on this issue refer to a person’s “capacity,” rather than “competence.” Mental capacity is one of the most difficult of legal questions because it is not easy to determine the point in the progress of a disease at which the faculties are so far impaired that they fall below the standard of legal capacity. Certainly, the mere diagnosis of a disease is not sufficient, in and of itself, to prove that a person lacks the legal capacity to make his or her own decisions. For example, a person may have a diagnosis of Alzheimer’s disease, but still have sufficient capacity to pay bills in a timely manner.
Guardian of the Property: A court will establish a guardianship for a person’s property when it can be shown that a person has or may be entitled to property or benefits that require proper management and is unable to effectively manage that property because of a physical or mental disability or disease (or in several other specific circumstances). When there is a medical condition present, this standard can usually be met by merely showing that a person can no longer balance a checkbook, pay household bills, or handle mail responsibly. At that point, the court can appoint a guardian to act on behalf of the court to manage a disabled person’s property. However, you must still show the court that there are no less restrictive alternatives available.
Guardianship of the Person: A person is legally disabled (or lacks legal capacity) when he or she lacks sufficient understanding or ability to make or communicate responsible decisions concerning himself or herself, such as provisions for health care, food, clothing, or shelter. The disability can be because of:
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mental disability
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disease
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habitual drunkenness
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addiction to drugs,
Establishing guardianship of a person will be necessary for two primary situations:
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Where the alleged disabled person failed to execute a health care power of attorney and certain medical procedures are necessary that require consent.
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When more than one person in the family wants to care for an alleged disabled person, the family is unable to resolve this conflict on its own.
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How will your estate be distributed if you die without a will?IF THE DECEDENT IS SURVIVED BY: Surviving Minor Child: Spouse or Registered Domestic Partner ½ and Minor (and other Children) ½ Surviving Adult Children of both the Decedent and Surviving Spouse or Registered Domestic Partner: Whole Estate Surviving Adult Children of Decedent not also Children of the Surviving Spouse or Registered Domestic Partner Spouse or Registered Domestic Partner - First $100,000 plus ½ of residue Children - Balance of residue NOTE: Parents no longer receive if there is a Surviving Spouse or Registered Domestic Partner
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Does having a Will mean I can avoid probate in Maryland?Not always, but with careful planning, your beneficiaries might be able to avoid the probate procedure. Your estate plan will determine if probate is required.
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What does a Maryland Probate Attorney do?As Maryland probate attorneys we offer families and individuals legal guidance and support during the estate administration process. In addition to assisting with the management of the estate's assets and liabilities, we often assist with the filing of wills and other legal documents. We also offer guidance on dealing with tax matters and allocating the estate's assets to the right beneficiaries. As Probate attorneys we can also be used to resolve beneficiary disputes as well as represent the estate in court, if necessary.
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How long does probate take in Maryland?In Maryland, the probate process can take a year or more. After the date of death, creditors have six months to file a claim. Probate must be open for at least six months after the assets have been divided so that a creditor can file a claim. If the will is challenged or other delays occur, it might take considerably longer. Even with a smaller inheritance, creditors must be given a minimum of seven to nine months' notice.
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What are the responsibilities of a Personal Representative in a Maryland?As the personal representative of an estate during the Maryland Estate Probate Process, there are several key responsibilities that need to be fulfilled. Here is a list of responsibilities for the personal representative: 1. Gather and safeguard estate assets: Identify, locate, and secure all assets owned by the decedent, including real estate, bank accounts, investments, personal property, and other valuable possessions. 2. Prepare and file the Petition for Probate: Work with our attorney to prepare and file the Petition for Probate with the appropriate Maryland court to initiate the probate process and obtain legal authority to administer the estate. 3. Notify interested parties: Provide notice to beneficiaries named in the will, potential heirs, and known creditors about the probate proceedings and their rights within the process. This may include publishing a notice to creditors in a local newspaper. 4. Create and maintain detailed records: Keep accurate records of all financial transactions, including income, expenses, and distributions made during the probate process. This includes maintaining receipts, invoices, bank statements, and other relevant documents. 5. Inventory and appraisal: Work with our attorney to compile a comprehensive inventory of the decedent's assets and their values. This may involve obtaining appraisals for certain assets to determine their fair market value as of the date of death. 6. Settle outstanding debts: Notify creditors of the decedent's passing and review and validate any claims submitted. Negotiate and settle legitimate debts using available estate assets, ensuring the fair treatment of creditors. 7. File necessary tax returns: Collaborate with our attorney and potentially a tax professional to prepare and file any required tax returns, such as the federal estate tax return (Form 706) or Maryland estate tax return, if applicable. 8. Distribute assets to beneficiaries: Once all debts, taxes, and administrative expenses have been settled, distribute the remaining assets to the beneficiaries named in the will or, in the absence of a will, in accordance with Maryland law. Ensure proper documentation and transfer of assets. 9. Prepare a final accounting: Work with the attorney to prepare a final accounting, which provides a detailed report of all financial transactions and distributions made during the probate process. 10. Obtain court approval and close the estate: Submit the final accounting and any other required documentation to the court for review and approval. Once the court approves, file the necessary paperwork to officially close the estate and be released from personal representative duties. It's important to note that the personal representative may have additional responsibilities based on the specific circumstances of the estate. Working closely with an experienced estate planning and probate attorney can help ensure that all responsibilities are fulfilled correctly and efficiently.