Prince George’s County Guardianships Lawyer

Fundamentally, a “guardian” is an adult appointed by the court to make sound legal decisions on behalf of a child or an adult, deemed disabled, concerning his or her person and/or property. Typically the guardian is a family member but in instances where no family member is available, able, or willing to act as guardian the court will appoint a person unrelated to the child or disabled adult. Sometimes a disabled person will have designated a persons as guardian prior to becoming disabled.

The court may establish two types of guardianships: (1) Guardianship of the Person; or (2) Guardianship of the Property. In the first instance, the appointed guardian makes legal decisions about a minor or disabled adult concerning their person, such as for healthcare, housing, or their day-to-day needs. (For minors, guardians may make some of the same decisions for the child as made by the parents. Parents of minors may move to revoke a guardianship at any time.) In the second instance, the appointed guardian makes legal decisions about the property and assets of minors, or for adults lacking the capacity to do so for themselves. This may involve banking, filing taxes, real property transactions, sale of assets, and other finance related matters.

When a person acts as guardian of the property, whether for a minor or for an adult, that person must act as a fiduciary and is bound to act for the benefit of the disabled person whose assets they are safekeeping. The guardian of the property must also make annual reports to the court concerning the property they are charged with and must generally request to withdraw any funds that belong to the minor or the disabled adult, even if the funds are used exclusively for that person.

When you need an experienced attorney knowledgeable about the laws of guardianship, you should turn to the Law Office of Robin Rucker Gaillard, LLC. During a consultation with our office, Attorney Gaillard will help you evaluate whether a guardianship is a viable option and a best choice under the circumstances. The question to be answered is whether there is any less restrictive means for the person over whom guardianship is sought to be cared for.

Additionally, Attorney Gaillard will advise you of all of the duties and obligations of a guardian and help determine whether the person asking for guardianship is prepared to assume that role. If you choose to go forward we will assist in preparation of the pleadings and represent you at the initial court proceeding. Thereafter, our office will be there to provide continued support throughout the process for as long as necessary.

The guardian relationship requires attention to detail and a healthy respect for the dignity of the person in your care and the law governing the guardianship relationship.