Guardianship is an important legal instrument to ensure the well-being and protection of individuals who are unable to care for themselves. After a guardianship has been established, however, there may be occasions where the appointed guardianship needs to be reassessed. Circumstances may arise where transferring or disputing guardianship becomes necessary to safeguard the interests of vulnerable individuals. In Maryland, the process of transferring or disputing guardianship requires careful navigation within the legal system and a guardianship attorney can be invaluable. Here are some of the things you need to know about transferring or disputing guardianship in Maryland.
Transferring Guardianship
When considering a transfer of guardianship, it is important to evaluate the current guardian’s ability and willingness to continue in the role. If both the current guardian and the proposed new guardian are in agreement, this will make the process much easier. A guardianship attorney can help you create legal and valid written consent to transfer the guardianship and make a petition to the court. The petition will also outline the reasons for the transfer and provide evidence that the proposed new guardian is suitable and capable of assuming the roles and responsibilities of guardianship.
If the court approves the transfer, it will issue an order officially transferring guardianship to the proposed new guardian. The order should specify the responsibilities and limitations of the new guardian, ensuring a smooth transition.
Disputing Guardianship
The role of guardian is certainly a complex role. In many cases, over time, the person originally assigned as guardian may no longer be able to carry out these tasks. In other cases, the guardian may not be responsibly fulfilling their role as guardian. In these cases, anyone that is concerned for the well-being of the individual for which the guardianship was assigned, may dispute the guardianship.
Before disputing the appointment of a guardian, it is crucial to identify valid grounds for the dispute. These may include concerns about the guardian’s ability to fulfill their duties, allegations of abuse or neglect, or evidence that the individual’s circumstances have changed, rendering the existing guardianship inappropriate or unnecessary.
It is critical to seek guidance from an experienced guardianship attorney who can help evaluate and navigate this process. The guardianship attorneys at Frame & Frame will guide you through the process, explain your rights, and help build a strong case, based on the grounds for dispute. In very simple terms, your guardianship attorney will likely file a petition with the Circuit Court that granted the original guardianship. Your attorney will ensure the petition states the reasons for the dispute and the desired outcome.
After a petition is filed, the court will appoint an attorney for the alleged disabled person will represent their interests and have access to their information. This may include medical records, witness testimonies, photographs, or any relevant documentation that demonstrates the need for a change in guardianship. After reviewing the evidence and considering the best interests of the individual, the court will make a decision regarding the disputed guardianship. If the dispute is successful, the court may modify or terminate the existing guardianship and appoint a new guardian.
Whether you are considering transferring or disputing guardianship in Maryland, you will require assistance from a reputable and experienced guardianship attorney. Your attorney will provide valued guidance and ensure adherence to legal procedures. Most of all, your attorney can help protect the rights and welfare of your loved ones ensuring they receive appropriate care and support from Maryland’s legal system for guardianship.
Do you have more questions about guardianship in Maryland? Reach out today to schedule a consultation with the experienced guardianship attorneys at Frame & Frame Attorneys at Law.