Our attorneys provide consultations for many people who have guardianship situations in Maryland they are seeking counsel for. As a result, we decided a blog post explaining some basics of guardianship was in order.
For starters, there are two types of guardianship: guardianship of a person and guardianship of property. Before we break down the differences between the two, let’s look at who may require guardianship.
The need for guardianship arises when a person requires protection for severe disabilities, a hospital stay, or impairment that impacts their decision-making ability. Guardianship can also be required to protect a minor. When someone is appointed by the court to be a guardian in either of these scenarios, they are essentially granted the legal right to act for that person, to make decisions about them, and/or to make decisions about their property.
When petitioning the court for guardianship, the guardianship type being requested must be stated: guardianship of the person, property, or both.
Now, let’s look at the two types of guardianship.
Guardianship of the person makes the guardian responsible for caring for the person (think food, shelter, clothing) and making personal decisions for them. The court may permit one person to be both guardian of the person and the property, or two different people can serve in each role.
Guardianship of the property makes the guardian responsible for managing the assets and finances of a disabled person or minor. They also have control over the guardianship estate. They are required to act in good faith to preserve the person’s property and use the assets only for the benefit and welfare of the person for whom they are serving as guardians.
If you have questions about a guardianship scenario, don’t confuse yourself trying to figure it all out on your own. Call The Law Offices of James Crawford to get a free 30-minute consultation to get your questions answered by an experienced attorney who understands the process and all the legal ins and outs. Our phone # is 443-709-9999.