Guardianship

Adult public guardianship is a legal procedure in which a court determines that a person has severe disabilities which:

  • impair the person’s ability to make decisions
  • require that the person is in need of protection
  • there is no less restrictive alternative

The executive director of the Area Agency on Aging can be appointed the guardian of such a person, as the guardian of last resort. The guardian makes decisions for the person including living arrangements, medical care, physicians, associations (who visits or takes them on outings), etc.

Eligibility:

  • Age 65 and older.
  • Determined by the courts to be incompetent. 

Why Guardianship

A person exhibits an inability to make every-day decisions because of:

  • Effects of disease or disabling condition (stroke, Alzheimer’s disease, etc)
  • Mentally confused or forgetful
  • Inability to manage money or business affairs
  • Inability to meet physical needs

Alternatives to Guardianship

  • Voluntarily make a change.  For example, a person living alone agrees to leave home and live with relatives or in an assisted living facility
  • Take a friend or relative to medical appointments
  • Retain a case manager to coordinate services so the person maintains the highest level of self-sufficiency
  • Attend adult medical day care.  This provides a safe place during the day with companionship, activities, lunch and medical oversight, if needed.
  • Sign up for Meals on Wheels if homebound
  • Groceries and prescriptions can be delivered
  • Ask the pharmacy to organize medications into blister packs, or purchase a dispenser
  • Join the telephone reassurance program.  This program calls homebound individuals daily to make sure they are safe and well.
  • Obtain a Life Alert (or similar) device in case of falls or other emergencies
  • Notify the utility companies so that a third party is notified if the bill is not paid
  • Arrange for direct deposit of any income
  • Pay bills with an auto-pay feature through your bank
  • Add a joint owner to your bank account (a trusted individual)
  • Create a Power Of Attorney
  • Create an advance directive for medical care
  • Listen to professionals if they advise that you need assistance, or to not live alone.

Elder Law Attorneys

Gina Shaffer
410-420-7992
Website

Chris Robins
410-749-3971
Website

Mid-Shore Pro Bono
410-829-0394
Website

Maryland Volunteer Lawyer Services
410-547-6537
Website

Legal Aid Bureau
800-444-4099
Website

Sixty Plus Legal Program
800-999-8904
Website

Program Contact

Kathy Walker
kwalker@macinc.org
410-742-0505 x108

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