In Maryland, guardianships give an individual authority over a disabled adult, senior, or minor child. The assignments aren’t the same as adoption. However, the petitioner is given control over the individual and their financial assets. Reviewing guardianship in family law in Frederick shows petitioners what to expect and prepares them for the task.
What Is the Risk to the Individual?
When petitioning the court for guardianship, the petitioner must identify a risk to the individual. For example, if the subject is a child, then the petitioner must show that the parents are a risk to the child. If the person is a disabled senior or adult, the caregiver must present a risk to them.
Has Someone Committed a Crime?
In these cases, the possibility of crime is high. With children, the crimes are either neglect, physical abuse, or sexual abuse. The child must undergo an exam in the emergency room or a doctor’s office to evaluate the accusations. A social worker is assigned to the case and visits the home. If the subject is a disabled adult, the social worker evaluates them for common signs of elder or nursing home abuse.
Does the Individual Have Financial Assets?
If the individual has financial assets, the new guardian manages and controls the assets. Some guardianship assignments have stipulations to prevent an abuse of power. If the would-be guardian isn’t a family member, the court could impose restrictions on how financial assets are used. The step protects the monetary assets for the family.
What Type of Care Do They Need?
Minors need basic care that you would expect from any parent unless they have challenging requirements. The disabled adult or senior might need an in-home nurse. The petitioner must have the ability to provide care as expected to get approved for the guardianship.
In Maryland, guardianships give one individual authority over a disabled adult or a minor child. The assignments are granted due to a risk the individual that requires them to leave their current home. Petitioners who need assistance under family law in Frederick contact us to speak to an attorney and schedule an appointment right now.
