The Maryland Advice of Rights — Guardian of the Person is a document that outlines the rights of a guardian of the person for an incapacitated individual in the state of Maryland. It is issued by the Maryland Register of Wills and provides the guardian with the information they need to properly fulfill their duties. There are three types of Maryland Advice of Rights — Guardian of the Person: General, Limited and Temporary. The General Advice of Rights outlines the responsibilities of a general guardian of the person regarding the health, welfare and safety of the incapacitated person while the Limited Advice of Rights outlines the responsibilities of a limited guardian of the person regarding the health, welfare and safety of the incapacitated person. The Temporary Advice of Rights outlines the responsibilities of a temporary guardian of the person regarding the health, welfare and safety of the incapacitated person. All three documents provide detailed information on the rights and responsibilities of the guardian, including the requirement to provide notice of any changes in the incapacitated person’s health, welfare or safety, to obtain court approval before changing the incapacitated person’s residence, to provide financial management and to act in the best interests of the incapacitated person.
Maryland Advice of Rights - Guardian of the Person
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FAQ
A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.
Guardian of a person is the individual that is required to make healthcare, living and education decisions for the minor child. These may include providing food, clothing, housing and daily activities, such as taking a child to school or taking them to healthcare appointments.
A guardian of the person is authorized by the court to make decisions for the disabled person about their health care, shelter, and any other daily needs. A guardian of property is a person or agency appointed by the court to manage the property of a disabled person.
(Md. Rule 10-204) IF THE COURT APPOINTS A GUARDIAN OF YOUR PERSON, YOU WILL LOSE CERTAIN VALUABLE RIGHTS, WHICH MAY INCLUDE THE RIGHT TO MAKE DECISIONS FOR YOURSELF ABOUT WHERE YOU LIVE, HOW YOU LIVE, AND WHAT MEDICAL CARE YOU RECEIVE.
When a person is unable to 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.
Powers Granted In general, the court may grant the guardian the power to make medical decisions, determine living arrangements, social settings, manage property, and handle financial affairs such as banking, investments, and expenses, including household and long-term care costs and taxes.
Guardianship of the Person One person can serve as both guardian of the person and guardian of the property, or different people may serve in each role. After the Court appoints a guardian of the person, the guardian has the same rights, powers and duties that a parent has toward an unemancipated minor child.