Maryland Guardianship Questionnaire

State:
Multi-State
Control #:
US-Q1017
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a guardianship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Terms of a custody agreement can also define other aspects of care, such as medical and education expenses and other financial obligations as well as shared living arrangements. Legal guardianship is what a court may grant someone other than a biological parent. It would give an adult the right to care for a minor.

Legal guardianship can be obtained through Family court or if the child is in foster care, guardianship is obtained in Juvenile court. The guardianship assistance program (GAP) is only available to relative caregivers who have assumed guardianship to a child committed to state or in foster care.

To obtain guardianship over a minor child, you should file a petition for guardianship in the name of the minor child. Guardianship forms and instructions can be found on the Maryland Courts website.

10-112 (Petition for Guardianship of Alleged Disabled Person). Factors to consider when determining whether to appoint a guardian who has been convicted of a disqualifying offense under Md. Code, Estates and Trusts Article § 11-114.

Steps to Proving Incapacity in Maryland The first step in proving incapacity in Maryland is to provide the court with two physician's certificates. The physician's certificates show that the physician has examined the alleged incapacitated adult and provides evidence of the condition that result from the incapacity.

In Maryland, guardianship determinations are made by a judge, and depending on the nature of the petition, the petitioning process can take somewhere from a few months to a year before an individual is appointed.

(b) A guardian shall be appointed if the court determines that: (1) A minor owns or is entitled to property that requires management or protection; or (2) Funds are needed for the minor's support, care, welfare, and education and protection is necessary or desirable to obtain or provide funds.

The guardian can make decisions that are based on either the wishes of the ward or a previous pattern of decision making during the ward's prior time of capacity. However, the guardian will make these decisions based on what's in the best interest of the ward generally.

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Maryland Guardianship Questionnaire