Category Archives: Guardianships
Should Your Child’s Guardian and Trustee Be the Same Person?
If you have overheard any estate planning discussions, you have likely heard the words “guardian” or “trustee.” In estate planning, deciding who will ultimately be tasked with caring for your minor child or managing funds for their benefit is an important decision that requires consideration of many factors. So, what is the difference between… Read More »
Blindsided: The Michael Oher Conservatorship Controversy Explained
Michael Oher has had a remarkable life so far. Born to a single mother struggling with addiction and growing up in and out of foster care, Oher went on to star as a University of Mississippi football player and was selected in the first round of the 2009 NFL draft by the Baltimore Ravens…. Read More »
When Does Someone Need a Property Guardian?
When individuals cannot manage their finances, courts can appoint guardians. Guardianship is for those who need help handling money. Depending on the jurisdiction, financial guardianship may also be called guardianship of the estate or conservatorship. In Maryland financial guardianship is called Guardian of Property. Similarly, in the District of Columbia, a financial guardianship is called a… Read More »
Claiming the Guardianship of an Elderly Parent
Often an aging parent will lose their ability to think clearly to make informed and meaningful decisions regarding their life. This growing inability may occur due to Alzheimer’s disease, other forms of dementia, mental illness, stroke, brain injury, or other severe health or disability conditions. In the absence of your parent preparing for their… Read More »
The Basics of Guardianships (Part 2)
If you haven’t already read The Basics of Guardianships (Part 1), click here to do so. Once you understand how guardianships are intended to help a special needs adult, you must understand the key responsibilities a guardian plays within their legal role. Guardian duties vary depending on the protected person’s limitations and abilities. However,… Read More »
The Basics of Guardianship (Part 1)
Protecting and providing for your children is particularly challenging if they have special needs requiring additional care to address their vulnerabilities. Structuring your estate plan to include the appropriate legal documents in the event of your death is crucial, especially when naming a guardian. Special needs children often require guardianship past the age of… Read More »
Becoming a Legal Guardian of Person and Property of Your Aging Parent in Maryland and the District of Columbia
Guardianship of an aging parent means acceptance of significant legal responsibility to act and advocate for their care. The duties include a parent’s daily care, medical care, and possibly financial decisions made on their behalf. Many guardians are family members who were previously caregivers, now cast into a formal legal role. At the same… Read More »
Help! I’ve Been Named as a Guardian. What Do I Do?
A guardian is an individual who cares for someone who needs special protection. Adults can nominate a guardian in his or her Will. Likewise, parents can also nominate a guardian in their Will, but a court must confirm and officially appoint the guardian. Sometimes the need for guardianship arises when the parents are still… Read More »
What to Do if You’re Appointed Guardian of Property in Maryland
Your grandfather Martin can no longer make decisions on his own. A court appoints you to be Martin’s guardian of property, to manage Martin’s assets. You become Martin’s “fiduciary.” The law now requires you to act to a high standard of good faith and honesty. Appointed Guardian of Property in Maryland: What Now? There’s… Read More »
4 Ways to Avoid Guardianship
What is a guardianship, and when is it necessary? In Maryland, a guardianship is usually defined as a protective legal proceeding for someone who is incapacitated or disabled and unable to manage his/her own financial and/or medical affairs. Incapacitated, as it relates to an adult, means that an individual is no longer able to… Read More »
