The Basics of Maryland Guardianship

 

 

What is Guardianship Law? And why is it necessary to have a guardianship process and application?

 

 

It’s a fact that some individuals are not capable of making their own decisions in society. And without a doubt a guardianship process and application are necessary. Here are a few examples:

 

 

1. Children

 

2. Mentally Disabled

 

3. Elderly

 

 

Essentially anyone who isn’t ‘mentally’ capable. By Guardianship law, such individuals are called wards.

 

 

Guardianship Law talks about the process to make it possible for those, who aren’t capable, to be represented well both legally and practically. Then there’s the question: “who is eligible for guardianship and who is not?”

 

 

Who Can Be an Eligible Throughout the Guardianship Process and Application?

 

 

Who is eligible for guardianship and who is not anyway? There are priorities to figure out who is eligible for guardianship and who is not:

 

 

1. Ward Designation

 

2. Blood Relatives

 

3. Any Other Individual With a Particular Interest

 

 

It goes down that line, basically, when trying to figure out who is eligible for guardianship and who is not. Although in a court of law, when it comes to Maryland guardianship, sometimes an individual with a higher priority – such as a blood relative – might be passed over for another individual underneath – not a blood relative – if good cause is shown. That’s a major part of the guardianship process and application

 

 

An example of figuring out who is eligible for guardianship and who is not will be a blood relative being a danger to a child, mentally disabled person, or an elderly person. A lot of times Maryland guardianship deals with those issues.

 

 

The Process for Maryland Guardianship

 

 

The first step when it comes to Guardianship Law is a petition must be filed with the circuit court in Maryland. Part of the guardianship process and application is that the circuit court has to be located in the county which the alleged ‘disabled’ person or child resides.

 

 

A petition for Maryland guardianship will require these pieces of information:

 

 

1. The Petitioner’s Name

 

2. The Petitioner’s Address

 

3. The Petitioner’s Telephone Number

 

4. The Petitioner’s Date of Birth

 

5. The Petitioner’s Relationship to the Ward

 

 

Obviously, with Guardianship law, these pieces of information should also be included in a petition:

 

 

1. The Ward’s Name

 

2. The Ward’s Address

 

3. The Ward’s Gender

 

4. The Ward’s Age

 

 

Guardianship law requirements would also include verified certificates from two physicians when it involves a mentally disabled ward.

 

 

Also a list of potential heirs for the ward in the event that the ward dies for any reason would be provided, especially if there’s no Last Will and Testament written it up. The name and address of the attorney representing a ward as well would be provided in the petition.

 

 

After the Petition Is Filed….

 

 

Upon the filing of the petition, you’ll see the court signing an Order to respond in 20 days. The ward, the attorney (if available), and any other interested persons or agencies associated with the ward, will receive that Order.

 

 

Once the response has been filed, a court date will be set up to hear the details of the guardianship case. All interested individuals will be present in the court. Typically, the judge decides on the petition; however, thanks to the Maryland Rules of Procedure, a jury trial is provided as a right unless waived.

 

 

Legal Importance

 

 

Guardianship is important. All the correct steps need to be taken simply because it involves a person who isn’t able to make any of the decisions.

 

 

How else would that person survive? That’s the basis behind legal guardianship.

 

 

 

 

The Basics of Wisconsin Guardianship

 

 

It’s important to know what guardianship is, and why Guardianship Law is crucial to understanding it.

 

 

For starters, the concept of ‘guardianship’ is such that a person appointed by a court of law to have ‘custody’ of someone known as a “ward” of the court. That person is designated as a “guardian.” The guardian holds all the rights to the “ward” – physical custody, legal custody, everything.

 

 

In the state of Wisconsin, Guardianship Law is a serious issue separated into four different types:

 

 

1. Wisconsin Guardianship of Incompetent Person

 

2. Wisconsin Guardianship of Minor

 

3. Temporary Wisconsin Guardianship

 

4. Protective Placement

 

 

There’s the question of who is eligible for guardianship and who is not. Understanding all of these will help anyone determine which type of Wisconsin guardianship is best and who is eligible for guardianship and who is not.

 

 

Guardianship of Incompetent Person

 

 

Wisconsin guardianship of an incompetent person involves an individual over 18 who has a developmental disability either by recommendation of a doctor or by medical history. The guardianship process and application is such that all the correct documents and application must be provided.

 

 

Part of the guardianship process and application is that the prospective guardian may need to hire a qualified attorney to present the issue in court, and a Guardian ad Litem must be hired for the incompetent person, representing that person in a court of law.

 

 

Guardianship of Minor

 

 

Guardianship Law permits that all individuals under the age of 18 with no current guardianship – parents, relatives, etc. etc. – be able to acquire guardianship as long as someone suitable is provided – either by the court or by choice. That’s a major part of the guardianship process and application.

 

 

The same rules for the guardianship process and application apply here when it comes to Guardianship Law as they do with Guardianship of an incompetent person. A Guardian ad Litem also has to be hired for the purpose of representation in this part of the guardianship process and application.

 

 

Temporary Guardianship

 

 

There’s an easy answer to the question of who is eligible for guardianship and who is not when it involves temporary guardianship.

 

 

Guardianship Law also makes it possible for guardianship to be imposed immediately. This is usually utilized in conjunction with permanent guardianship in any fashion.

 

 

It’s temporary for that simple fact that it’s in process of the procedure to legitimize a guardian. As always, a Guardian ad Litem is hired, but only on a temporary basis. Typically, that temporary guardianship expires after 60 days unless an extension for another 60 days has been ordered.

 

 

Temporary guardianship can apply to any age, any demographic. Determining who is eligible for guardianship and who is not is relatively simple.

 

 

Protective Placement

 

 

This is a more severe form of guardianship in the sense that the “ward” not only waives rights to a guardian, but also must reside in certain facilities for the purposes of care and custody. Who is eligible for guardianship and who is not is never a question. Common examples would be a mental institution or a correctional facility.

 

 

Typically, this is a type of guardianship usually required by statute when concerning adults. Children usually don’t require protective placement.

 

 

The Process of Applying for Guardianship

 

 

The Probate Office in the county you reside in for Wisconsin would be the first step. Simply fill the correct application and deliver it to the office. You’ll get a response with a court hearing and date, which you’ll show up for to determine the case of guardianship accordingly.

 

 

 

 

Quick Guide to Georgia Guardianships

 

 

Georgia Guardianship Law

 

 

The majority of Georgia guardianship laws are provided under Title 29 Guardian and Ward of the GA Revised Code.  Section 29-2-1 provides that a Georgia guardianship can be defined as: 

 

 

1. a natural guardian 

 

 

2. a testamentary guardian (one without “custody” but with decisions on upbringing)

 

 

3. a temporary guardian 

 

 

4. a standby guardian (when legal parent is incapacitated and gives rights to another person)

 

 

5. permanent guardian

 

 

Georgia guardianships are granted by the local probate courts, and a permanent guardianship may be offered when the minor has no living parents or the legal rights of the parents have been removed by the court.  A temporary Georgia guardianship is granted when the legal guardian of the child needs a guardian for a particular reason.  When the child is a minor, the temporary guardian has the same rights of a natural guardian, and these rights include medical treatment and decisions in school.  

 

 

How to Qualify for Georgia Guardianship Rights

 

 

Georgia guardianships require initial qualifying factors and specific steps.  The state will normally give preference to relatives and caseworkers of the court before another guardian, but the state will never give preference to a person with a criminal background or a person with weak financial history.  

 

 

The steps listed below are general steps, and you should always consult with your local probate court and hire a family law attorney if you’re trying to qualify for Georgia guardianships: 

 

 

Step 1 File the Appropriate Forms

 

 

You need to submit a petition with the court before you take any other steps.  These petitions usually have you list why you should have Georgia guardianship rights, why your supervision is best for the child, financial information, and more.  

 

 

Pay the Fees and Undergo an Investigation

 

 

You will have to pay various filing fees and attorneys’ fees in most cases.  After you have submitted all of the necessary fees, the probate will conduct a criminal background check on the potential guardian.  These investigations are usually performed by caseworkers, social work professional, and personal care facility administrators and you will be asked a large amount of information.  

 

 

These investigations will examine your placement plan, your financial history, your ability to work with the ward, and whether this place is preferable to other Georgia guardianships.  

 

 

Undergo the Necessary Training

 

 

While or after the court is determining eligibility, probate courts in the state of GA will make all guardians view a training video and read a handbook prepared by the judges and administrations.  

 

 

If the court has determined the Georgia guardianship is in the best interests of the ward, a judge will assign specific responsibilities to the guardian.  If a minor turns 18, marries, or graduates from high school, the courts will usually terminate Georgia guardianships unless the guardianship is permanent.  

 

 

 

 

Quick Guide to North Carolina Guardianships

 

 

NC guardianship law

 

 

The majority of North Carolina guardianship laws are located under Chapter 35A of the NC Statutes.  The chapter provides procedures for the guardianship of incapacitated adults, minors, and for the estate.  You can complete listing of NC guardianship law at the following link. 

 

 

The North Carolina Guardianship Association is also a great resource for information associated with general guardianships.  Most of the information in this article can be found under the NCGA as well.  

 

 

Establishing North Carolina Guardianship

 

 

The state will normally give preference to relatives in any type of guardianship—especially concerning a minor.  The court will also give preference to friends of the Department of Human Services caseworkers when parental rights have been terminated by the court or the parent allows the minor to live with another person voluntarily.  The permission from a parent may occur if the parent is older and the child requires special needs, but there are other situations where guardianship rights can be handed down. 

 

 

The court never allows a person or family with a criminal background to have guardianship rights, and individuals who show a weak financial history will not be considered either.  However, in order for a qualified person or family to file in accordance with NC guardianship law, they must take a variety of steps.  Some general steps are provided in the next section.  

 

 

Filing for North Carolina Guardianship

 

 

The NCGA provides general steps which are supplemented by this article.  The first step any prospective guardian takes includes filing a petition with the local court and jurisdiction in which the ward resides.  If you need help locating a court, you can visit the official website of the North Carolina Court System and select your county below the image on the homepage.  

 

 

According to NC guardianship law, the clerk of the court will receive the completed petition and decide if the person is incapacitated enough to receive a guardianship.  If the clerk decides North Carolina guardianship is necessary, they may help a guardian litem to help the ward through the proceedings.  

 

 

During the hearing process, the clerk and guardian will usually consult with a social worker and other witnesses to establish the ward’s condition and needs.  After the court has decided upon the guardian, they will make sure the party understands the entirety of NC guardianship law and responsibilities.  Once the hearing is over, the North Carolina guardianship will begin.  

 

 

Responsibilities under NC guardianship law

 

 

The guardian is responsible for all living arrangements of a ward, as well as helping with training, education, employment, or other services the ward may need.  Additionally, the guardian can normally give consent for medical, legal, or psychological services, and they are responsible for the ward’s property.  

 

 

If the legal guardian dies during the North Carolina guardianship, the court will again help to appoint another qualified person.  If there are family members that can still qualify as a valid guardian, the court will usually select a family member.  

 

 

 

 

Quick Guide to Arkansas Guardianships 

 

 

Arkansas Guardianship

 

 

Most laws concerning Arkansas guardianship are located under Title 9 Family Law of the state’s revised code.  For a complete listing of all Arkansas guardianship laws, visit the searchable code under the general assembly.   

 

 

If you are thinking about becoming certified for Arkansas guardianships, you should be fully aware of all state law, and you’ll usually want to talk with a lawyer to understand your complete rights and responsibilities as a guardian.  

 

 

Eligibility Factors for Arkansas Guardianships

 

 

Any U.S. citizen in the state of Arkansas can qualify as a guardian except those that are mentally incompetent or determined unsuitable by the court.  A person usually has to be a citizen of state, but a court will consider electing a nonresident if the decision meets the best interests of the court.    

 

 

If the Arkansas guardianship involves a minor child, immediate preference is usually given to the parent unless the court appoints another person who is more qualified.  If there has been evidence of abuse or neglect from either parent within a home, preference will usually be given to another qualified guardian.    

 

 

Additionally, a bank, trust company, or even private nonprofit corporations (in some cases) can act as the guardian of the estate.  Also, a guardian ad litem may help within a court proceeding to help the ward through the trial process (such as a lawyer helping a child within a child custody hearing).  

 

 

What is the Arkansas Subsidized Guardianship Act?

 

 

Arkansas guardianships under the Subsidized Guardianship Act receive funding—just as in foster care—from the Department of Human Services (DHS).  There are a large number of qualifying factors for these types of Arkansas guardianships, and section 9-8-204 of the state code lists qualifying factors: 

 

 

1. the child has been removed from the custody of their parents because continued care would decrease the welfare of the child

 

 

2. the department is responsible for the placement and care of the child

 

 

3. being returned home or being adopted is not an option for the child

 

 

4. permanent placement within an Arkansas guardianship meets the best interests of the child

 

 

5. the child demonstrates a strong attachment to the guardian and the guardians shows strong commitment to the child

 

 

6. if the child is 14, the child has been consulted regarding Arkansas guardianships

 

 

7. the guardian is qualified to a means-based test

 

 

8. if required, a certain degree or relationship exists between the child and the guardian

 

 

9. the child has special needs

 

 

How do I file for Arkansas Guardianships?

 

 

In order to file for an Arkansas guardianship, you’ll have to file a petition with the local court, undergo investigation from the court, testify in front of the court, and eventually be approved if a judge determines the guardianship is in the best interests of the ward.  In order to see if you qualify for Arkansas guardianship rights, you’ll have to contact your local county court and obtain information about filing a petition.  The state has a large amount of contact information for local courts at the following link: 

 

 

 

 

Quick Guide to WV Guardianship

 

 

West Virginia Guardianship Laws

 

 

The “Guardianship and Conservatorship Act” is located in Chapter 44A of the state’s revised statutes.  For a link to all statutes on West Virginia guardianships, visit the following link.

 

 

The majority of information in this article about WV guardianship is referenced from the following document under the KDC Income Management Organization (formerly the Appalachian Benefits Assistance Corporation): 

 

 

Eligibility Factors for West Virginia Guardianships

 

 

According to state law, any adult may qualify for a West Virginia guardianship or conservatorship—or even both.  The court will investigate a person’s criminal background, financial history, former relationship with the ward (if any), and overall responsibility before considering a WV guardianship.  

 

 

A court will always prefer a family member(s), friend, or other person formerly associated with the ward before others for West Virginia guardianships.  

 

 

Duties within a West Virginia Guardianship

 

 

A court will always hear testimony from the ward before setting guidelines within the WV guardianship.  Additionally, apart from simply qualifying for the West Virginia guardianship, a guardian must complete the following duties: 

 

 

1. Mandatory Training for West Virginia Guardianships- after a person qualifies for WV guardianship, they must complete an educational class and training require by the court within 30 days of being approved.  Once the training for the West Virginia guardianship is completed, the guardian must submit an affidavit to the court. 

 

 

2. Order of Appointment- you must take an oath to fulfill all duties within West Virginia guardianships, and a copy of the order must be sent to the ward and all people who received a copy of the petition within 14 days of appointment.  

 

 

3. Annual Reports- most West Virginia guardianships require the guardian to file an annual report with the court.  The reports for West Virginia guardianships usually include the following:

 

 

• description of the current health of the ward and the following;

 

• living arrangements within the West Virginia guardianship

 

• medical, educational, vocational, and other services provided to the ward

 

• summary of your visits during the WV guardianship 

 

• statement of whether you agree with the current plan

 

• the need for extended WV guardianship

 

• other information the court may find useful

 

• the compensation you requested for the West Virginia guardianship, and other expenses you incurred

 

 

How do I file for a West Virginia Guardianships?

 

 

In order to petition for West Virginia guardianships, you’ll have to file a petition with your circuit court, undergo investigation from the court, testify in front of the court, and eventually be approved if a judge determines the WV guardianship is in the best interests of the ward.  For a list of West Virginia courts, click on the link. 

 

 

West Virginia guardianships also give the respondent certain rights after the petition has been filed.  The respondent must be notified of the place and time of the hearing for the West Virginia guardianship, be represented by legal counsel, be present at all proceedings except if they have a medical exception.  The respondent also has a right to trial by jury and may even cross examine witnesses.  

 

 

 

 

Frequently Asked Questions about Delaware Guardianship

 

 

What is Delaware guardianship?

 

 

Delaware guardianship law controls how individuals take on the powers, rights and duties for protecting and managing a child, responsibilities which are typically bestowed upon legal parents. 

 

 

Once Delaware guardianship is legally granted, a guardian becomes practically a parent legally. One of the few differences between Delaware guardianship and parental status is that a third party cannot sue a guardian for a misdeed committed by their child. Additionally, guardians can have their rights limited by the court, while parents cannot.

 

 

What is Permanent Delaware Guardianship?

 

 

Permanent Delaware Guardianship allows for a child to develop a permanent self-sustaining relationship between a child and an adult, but it does not infringe on the parenting rights of child’s actual parents, which separates Permanent Delaware Guardianship from full legal adoption.

 

 

A Custody Order is also bestowed along with Guardianship, which implies that a Permanent Guardian is expected to have custody of the child, see them regularly, and have responsibility for their care and maintenance, as well as their education, travel, eating, and location.

 

 

The only individuals eligible to apply as Permanent Delaware Guardians are blood relatives and foster parents. Importantly, the child’s actual parents may not petition the court to change or revoke another individual’s Permanent Guardianship rights over their own child. Additionally, Delaware Guardianship Law does allow for the somewhat unusual situation of a parent paying child support to the Guardian.

 

 

What is Standby Delaware Guardianship?

 

 

The purpose of Standby Delaware Guardianship is for a parent who is suffering from a progressive chronic disorder or a fatal disease to be able to quickly make plans for their child’s care in case of the worst. The idea is that the parent won’t have to give up their own parental rights for the Standby Delaware Guardianship rights to take over.

 

 

Every petitioner for Standby Delaware Guardianship is the parent of a child, trying to find the individual to give parental rights to after their death. No one can petition for Standby Delaware Guardianship rights for themselves; they must be bestowed upon another.

 

 

A parent may petition for Standby Delaware Guardianship even if there is another parent who could conceivably take care to the child. In order for such a Standby Delaware Guardianship petition to be valid, one must prove either that the other parent is dead, that their rights have been terminated, or that the other parent for whatever reason consented to being left out of the Standby Delaware Guardianship.

 

 

A Standby Delaware Guardianship takes effect once one of two things happens: either, there has been a receipt of a determination of a petitioner’s incapacity, their debilitation, or their death, or the other petition has given then written consent to Standby Delaware Guardianship.

 

 

Within 30 days, the applicant for Standby Delaware Guardianship must petition the Court for confirmation of their status or else risk forfeiture. 

 

 

Where do I learn about more about Delaware Guardianship?

You can find out more about Delaware Guardianship system at home. Check out the state’s site here.

 

 

 

 

Frequently Asked Questions about Alaska Guardianship Law

 

 

What is Alaska guardianship law?

 

 

Alaska guardianship laws allow for individuals to have a legally recognized ability to control the finances, housing or medical care of another individual who is not capable of making decisions in their own benefit.  The person whose affairs a guardian manages is called a ward, and every guardian has a legal responsibility to their ward and can be held accountable in court for their decisions or mistakes.

 

 

When is guardianship needed?

 

 

There are strict limitations concerning when Alaska guardianship law comes into play, as unnecessary appointment would be a grave affront to the personal rights of the ward. A prospective guardian will have to show that an individual’s ability to receive information, to evaluate that information, or to communicate their decisions is severely impaired so that it is impossible for them to mange for their own health and safety, including managing their food, shelter, clothing and medical decisions. In other words, if an individual risks suffering physical injury or illness for not having a guardian, then a guardian can be appointed.

 

 

What is a conservatorship?

 

 

Alaska guardianship law differentiates between a guardianship and a conservatorship. While a guardian may control any aspect of their ward’s affairs so long as they are designated to do so by the court, a conservator is limited only to financial affairs such as paying debt, managing income, and arranging taxes.

 

 

Up until 2004, there was an Alaska guardianship law which said that an individual would need two separate appointments as both conservator and guardian in order to manage an individual’s finances as well as their healthcare and shelter. However, a new statute allowed full guardians to have financial powers without getting a separate appointment.

 

 

Who can be a guardian?

 

 

In order to be obtain an Alaska guardianship, you must NOT do any of the following five thing:

 

 

• Provide professional services to the ward;

 

• Serve as creditor to the ward;

 

• Have any interests which might conflict with the interests of the ward;

 

• Work for anyone who provides services or whose interests conflict with those of the ward;

 

• Be under eighteen years-old.

 

 

Note that conflicts of interest can be ignored in the case of relatives, such as spouses, children or siblings, as long as the court rules that any conflicts of interest are insubstantial.

 

 

How do I file for Alaska guardianship?

 

 

1. Fill out Petition form PG-100, make one copy and file with your county’s superior court. A $75 filing fee will be charged. In the mail, you’ll receive an Order for Appointments and Notice of Hearing, schedule your appearance before the court.

 

 

2. Notify all interested parties including the person who takes care of the ward currently of the action.

 

 

3. Allow Court Visitor to investigate the ward’s current living condition and decide if guardianship is needed.

 

 

4. Respond to Visitor’s Report within ten days.

 

 

5. Court hearing is held within 120 days of original petition, and the judge will decide whether or not to grant guardianship.

 

 

 

 

Frequently Asked Questions about South Dakota Guardianship

 

 

What is South Dakota guardianship?

 

 

When you obtain South Dakota guardianship, you will have a legally verifiable relationship with another person which gives you some agency over their personal affairs. Usually, guardianships are obtained for people who are unable to take care of themselves because they are ill or handicapped. Typical decisions which a guardian makes concern a person’s health care, living conditionals, and financial holdings.

 

 

Is there more than one type of South Dakota guardianship?

 

 

Yes, there are at least four types of South Dakota guardianship recognized by the state, including:

 

 

• Limited Guardianship: The guardian maintains authority in only those areas of a person’s life which the court has judged them to be incapable of controlling. For instance, a limited guardian may be appointed to control someone’s healthcare decisions but not their finances.

 

 

• Temporary Guardianship: In the event of a medical emergency, a temporary guardian can be appointed to have full-control of a person’s affairs but for a period of only 90 days.

 

 

• Joint Guardianship:  South Dakota guardianship can be split between two or more individuals with equal claim to guardianship authority. For instance, the parents of a handicapped adult could be appointed joint guardians.

 

 

• Full Guardianship: This is non-conditional authority over an ill or handicapped person’s affairs.

 

What is a conservatorship?

Just think of a conservatorship as a limited guardianship, in which the protected person’s finances are looked after by their limited guardian, but the guardian can make no other decisions. Conservatorship is strictly limited to this one area of authority, and it does not include the healthcare realm.

 

 

How do I obtain South Dakota guardianship?

If you want to apply for South Dakota guardianship over a loved one, you will first petition your county court with an outline demonstrating the need for guardianship and the exact parameters of the relationship requested. You will also need a statement of the protected person’s financial resources and a report from the physician, psychologist, or psychiatrist which will describe the protected person’s handicap and its effect.

 

 

Once you turn in these materials, a hearing will be scheduled. After a discussion with a judge concerning whether South Dakota guardianship is appropriate, the judge will reach a decision and their order will be followed.

 

 

Can I get help filing for South Dakota guardianship?

The best resource to help a person file for South Dakota guardianship is a family lawyer, who will fill out legal documents for you and present your case to the judge in as persuasive a manner as possible. These lawyers cost money, but the good news is that the Establishment Program exists to help family pay the costs of establishing guardianship.

 

 

As much as $500 is available to go toward paying your South Dakota guardianship lawyer. In order to apply, the protected person must be over 18 and a resident of South Dakota. They must also have a documented disability in South Dakota Code SDCL 27B-1-18 and be the first-time recipient of South Dakota guardianship.