Guardianships For Children With Special Needs

In Maryland, a child legally becomes an adult at age 18, regardless of his or her mental capacity. This means that if you have a child with special needs who cannot care for himself or herself, and you intend to continue to provide that care, you must petition the court to be named the guardian of your child.

I am Ryan Atwell of Atwell Law, LLC, an Easton family law lawyer who counsels and assists clients throughout the neighboring cities of Maryland. Over my more than 25 years of practice, I have frequently been asked to speak on this topic to citizens’ groups and family groups. In addition, my youngest son is severely autistic, so I understand from personal experience the kinds of emotional and legal challenges parents encounter. I can guide you through the process with competence and compassion.

Understanding Maryland Guardianship Types

In Maryland, there are a variety of guardianships. These suit the needs of the individual requiring care. An experienced Easton guardianship attorney can help you determine which type fits your situation.

Types of guardianship in Maryland include:

• Guardian of the person: Makes decisions about healthcare, living arrangements and daily care
• Guardian of the property: Manages financial matters, assets and legal transactions
• Full guardianship: Grants complete decision-making authority when an individual cannot manage any aspect of their life
• Limited guardianship: Allows the person to retain some independence while receiving help only in specific areas where they need assistance

Courts may appoint someone to serve in one or both roles depending on the circumstances. I can guide you through the petition process and help you understand which guardianship arrangement protects your loved one’s interests.

Guardianships For Aging Parents

Many times, individuals who have elderly parents will need to be appointed guardian of the parent’s person or guardian of his or her property. As cognitive abilities decline or medical conditions progress, family members may notice warning signs that guardianship may be necessary. These can include:

• Difficulty organizing finances and bills
• Struggling to make sound medical decisions
• Inability to maintain personal safety
• Vulnerability to financial exploitation

A power of attorney document can also allow you to make decisions and access financial accounts on your parent’s behalf. However, if your parent does not have the mental capacity to grant a power of attorney, your only alternative is to go to court and be appointed as the guardian in order to protect his or her interests and safety.

The Guardianship Process In Maryland

Establishing a guardianship in Maryland requires several steps. As a guardianship attorney, I guide families through this process. It typically involves:

• Filing a petition
• Medical evaluations
• Court hearing
• Documentation

The timeline varies depending on court schedules and case complexity, but typically takes several weeks to a few months.

Arrange A No-Cost, No-Obligation Meeting

If you have questions about guardianships in Maryland, feel free to contact me, Ryan Atwell. Call Atwell Law, LLC, at 410-443-0403 or email my Easton office. I offer evening and weekend appointments as needed.