What to Do If Your Loved One Refuses Medical Care in Maryland

Facing a situation where a loved one refuses medical care can be deeply distressing. Whether it's due to fear, denial, or other reasons, it's crucial to approach the issue with sensitivity and knowledge of your options. In Maryland, there are specific steps you can take to navigate this challenging scenario while respecting your loved one’s rights and ensuring their well-being.

Understanding the Reasons Behind Refusal 

Before taking any action, it’s important to understand why your loved one is refusing care. Common reasons include:

- Fear or Anxiety: Medical procedures and hospitals can be intimidating.

- Denial of Illness: Some people may not accept that they need medical attention.

- Cultural or Religious Beliefs: Beliefs may influence their decision to refuse certain types of care.

- Mental Health Issues: Conditions such as dementia, depression, addition/substance abuse or mental health disorders can affect decision-making.

Having an open and empathetic conversation can sometimes uncover the root cause and help you address their concerns. 

Steps You Can Take

1. Communicate and Educate

Start by having an honest discussion with your loved one about the importance of the medical care they are refusing. Provide clear, understandable information about the potential consequences of not receiving treatment and try to address their fears or misconceptions. Sometimes, involving a trusted healthcare professional in the conversation can make a difference.

2. Involve a Trusted Third Party

If direct communication doesn’t work, consider involving a neutral third party, such as a family friend, a religious leader, or an elder care social worker. A different perspective might help your loved one feel more comfortable and open to the idea of receiving care.

3. Seek a Second Opinion

Sometimes, a second medical opinion can help alleviate fears. If your loved one is unsure about the diagnosis or treatment plan, another doctor’s perspective might provide reassurance and lead to acceptance of the necessary care.

4. Leverage Support Systems

Involve other family members and close friends to form a support system. Collective encouragement can sometimes persuade a loved one to seek treatment. Additionally, support groups for patients and families facing similar issues can provide valuable advice and emotional support.

5. Understand Legal Options

If your loved one’s refusal of care poses a serious risk to their health and they are not capable of making informed decisions, you may need to explore legal options. In Maryland, you can consider the following:

- Guardianship: If the person is unable to make sound decisions due to mental incapacity, you might be able to petition the court for guardianship. This legal process allows you to make healthcare decisions on their behalf. However, it is important to note that guardianship will not grant the authority to involuntarily commit someone.

- Emergency Petition: In extreme cases where your loved one is in immediate danger and refuses care, you may file an emergency petition with the court.

- Advance Directives and Powers of Attorney: If your loved one has previously executed an advance directive or healthcare power of attorney, these documents can guide medical decisions according to their wishes and designate a healthcare agent to make decisions on their behalf.

Working with Healthcare Providers 

Engage with healthcare providers to develop a collaborative approach. Doctors, nurses, and social workers are experienced in dealing with patients who refuse care and can offer practical advice and support. They may also recommend palliative care or hospice services if the refusal is due to end-of-life issues. 

Respecting Autonomy

It’s essential to balance respect for your loved one’s autonomy with the need to ensure their health and safety. Understanding their wishes and striving to honor them as much as possible is crucial, even when you disagree. Building trust and maintaining a compassionate approach can make a significant difference.

Conclusion

Dealing with a loved one who refuses medical care in Maryland is a complex and emotionally charged situation. By communicating effectively, involving support systems, understanding legal options, and working closely with healthcare providers, you can navigate this challenging terrain. Always aim to respect your loved one’s autonomy while ensuring their safety and well-being. If you find yourself overwhelmed, consulting with an attorney at Markham Law Firm may help you see a path forward.

Understanding Guardianship in Maryland: Powers and Limitations

Guardianship in Maryland is a legal arrangement that grants one person (the guardian) the authority to make decisions on behalf of another person (the ward) who is unable to manage their own affairs. This arrangement is typically sought for minors, elderly adults, or individuals with disabilities. While guardianship provides the guardian with significant responsibilities, it also comes with specific limitations. Here’s an overview of what guardianship in Maryland allows and what powers it does not entail.

 What Guardianship Allows

1. Personal and Medical Decisions

A guardian of the person has the authority to make decisions about the ward’s personal care and medical treatment. This includes:

- Healthcare: Making medical decisions, including consenting to or refusing medical treatments and surgeries.

- Living Arrangements: Deciding where the ward will live, whether it’s at home, in a nursing facility, or another type of care arrangement.

- Daily Needs: Overseeing the ward’s daily personal needs, such as food, clothing, hygiene, and recreational activities.

2. Financial Management

A guardian of the property is responsible for managing the ward’s financial affairs. This includes:

- Asset Management: Handling bank accounts, investments, real estate, and other assets.

- Bill Payments: Ensuring all bills and financial obligations are paid on time.

- Financial Planning: Budgeting and planning for the ward’s future financial needs.

- Legal Transactions: Entering into contracts, filing taxes, and managing other legal and financial matters on behalf of the ward.

3. Educational Decisions

For minors or individuals with specific educational needs, the guardian can make decisions about their education, including selecting schools, approving educational plans, and arranging for special education services if necessary.

4. Legal Representation

The guardian has the authority to act on behalf of the ward in legal matters, which can include filing lawsuits, defending against legal actions, and making decisions in legal disputes.

What Guardianship Does Not Allow 

Despite the extensive powers granted to guardians, there are important limitations designed to protect the rights and autonomy of the ward:

1. Personal Autonomy and Rights 

Guardianship does not give the guardian unlimited control over the ward’s life. The guardian must always act in the ward’s best interests and respect their personal rights and dignity. This includes:

- Respecting the Ward’s Preferences: Whenever possible, the guardian should consider the ward’s preferences and wishes, especially in personal and healthcare decisions.

- Limitation on Restrictive Measures: The guardian cannot unduly restrict the ward’s freedom or impose excessive limitations on their lifestyle without just cause.

2. No Absolute Control Over Property

While a guardian of the property manages the ward’s finances, they must do so prudently and with accountability. They cannot:

- Misuse Funds: Use the ward’s funds for personal benefit or any purpose other than the ward’s needs.

- Sell Property Without Court Approval: Significant financial decisions, such as selling real estate, often require court approval to ensure the transaction is in the ward’s best interests.

3. Healthcare Decisions with Ethical Implications

Certain healthcare decisions, especially those involving ethical or end-of-life considerations, may require additional oversight or court approval:

- Withholding Life-Sustaining Treatment: Decisions to withhold or withdraw life-sustaining treatment typically require court approval or must align with the ward’s advance directives.

- Consent to Experimental Treatments: Guardians may face limitations on consenting to experimental or high-risk medical treatments without additional legal or medical consultation.

Conclusion

Guardianship in Maryland provides a framework for protecting individuals who cannot manage their own affairs, granting guardians significant authority to make personal, medical, and financial decisions. However, this authority comes with important limitations designed to protect the rights and autonomy of the ward. Understanding these powers and limitations is crucial for anyone considering or currently serving as a guardian. Always act in the ward’s best interests, seek court approval when necessary, and consult with legal professionals to navigate the complexities of guardianship effectively. If you find yourself in a situation where guardianship might be necessary, consulting with an attorney at Markham Law Firm can help you navigate this important process.

Understanding Guardianship in Maryland: Person vs. Property

Navigating the legal landscape of guardianship can be complex, especially when it involves the well-being and assets of a loved one. In Maryland, guardianship is divided into two distinct types: guardianship of the person and guardianship of the property. Each type serves a unique purpose and involves different responsibilities. Let’s explore the differences between these two forms of guardianship and what they entail. 

Guardianship of the Person

Guardianship of the person is focused on the personal and medical care of an individual who is unable to make decisions for themselves. This type of guardianship is typically sought for minors, elderly adults, or individuals with disabilities who cannot make or communicate responsible decisions for their own needs.

Responsibilities of a Guardian of the Person:

1. Healthcare Decisions The guardian is responsible for making medical decisions on behalf of the ward (the person under guardianship). This includes consenting to or refusing medical treatments and ensuring the ward receives appropriate medical care.

2. Living Arrangements: The guardian decides where the ward will live, ensuring that the living conditions are safe and appropriate. This could involve arranging for in-home care, assisted living, or a nursing facility.

3. Personal Care: The guardian oversees the ward's daily needs, such as food, clothing, hygiene, and general well-being. This might include coordinating with caregivers or service providers.

4. Education and Social Activities: For minors or individuals with specific educational needs, the guardian ensures that educational and social activities are arranged and that the ward has opportunities for engagement and development.

Guardianship of the Property

Guardianship of the property, on the other hand, pertains to managing the financial affairs and assets of an individual who cannot do so themselves. This is often necessary when the ward has substantial assets that need to be protected and managed prudently.

Responsibilities of a Guardian of the Property: 

1. Asset Management: The guardian is tasked with managing the ward’s assets, including bank accounts, investments, real estate, and personal property. This involves making decisions to preserve and potentially grow these assets.

2. Bill Payments: The guardian ensures that all bills are paid on time, including utility bills, mortgage payments, taxes, and any other financial obligations.

3. Financial Planning: The guardian may need to create a budget, manage income, and plan for future financial needs to ensure the ward's long-term financial stability.

4. Legal and Financial Transactions: The guardian can enter into legal agreements and financial transactions on behalf of the ward. This includes filing taxes, dealing with insurance, and making any necessary legal claims.

Key Differences

 While both types of guardianship aim to protect and support individuals who cannot care for themselves, the key difference lies in their focus:

- Guardianship of the Person: Centers on personal, medical, and day-to-day care.

- Guardianship of the Property: Focuses on financial management and asset protection.

Seeking Guardianship in Maryland

In Maryland, the process for establishing either type of guardianship involves petitioning the court. The petitioner must provide evidence that the prospective ward is incapable of managing their personal or financial affairs. An attorney will be appointed to represent the ward's interests in the guardianship matter. If after a hearing the court finds that a guardianship is appropriate under the law, the court will appoint a guardian based on a statutory priority and in consideration of the ward's best interests. 

It’s important to note that the same individual can be appointed as both the guardian of the person and the guardian of the property, or these roles can be filled by different people depending on the circumstances and capabilities of the guardians.

Conclusion 

Understanding the distinction between guardianship of the person and guardianship of the property is crucial for anyone involved in the care of a vulnerable individual in Maryland. Each type of guardianship comes with its own set of responsibilities and challenges, but both are aimed at ensuring the well-being and security of those who cannot care for themselves without imposing unnecessary restrictions on a person's liberties. If you find yourself in a situation where guardianship might be necessary, consulting with an attorney at Markham Law Firm can help you navigate this important process.

Understanding Guardianship in Maryland: When Is It Appropriate?

In Maryland, guardianship is a legal arrangement where a court appoints a person (the guardian) to make decisions for another person (the ward) who is unable to make decisions for themselves due to reasons such as age, incapacity, or disability. This blog aims to provide a clear understanding of when guardianship is appropriate and the process involved in Maryland.

What Is Guardianship? 

Guardianship is a legal relationship established by a court order. It involves:

1. Guardian: The person appointed to make decisions on behalf of the ward.

2. Ward: The individual who needs assistance with decision-making. In Maryland, until a guardianship is established by the Court, the ward is often referred to as an "Alleged Disabled Person."

Guardianship can be of the person, of the property, or both:

- Guardianship of the Person: The guardian makes personal decisions for the ward, such as those related to healthcare and living arrangements.

- Guardianship of the Property: The guardian manages the ward's financial matters, including assets and income.

When Is Guardianship Appropriate? 

Guardianship is generally considered a last resort because it removes a person’s rights to make their own decisions. Maryland law provides for less restrictive alternatives to guardianship and requires that guardianship only be imposed when there is no less restrictive alternative available which protects the ward. Guardianship is appropriate in the following situations:

1. Minor Children

Guardianship may be necessary for minor children (under 18 years old) when:

- The parents are deceased.

- The parents are unfit or unable to care for the child.

- There is no other parent, family member, or adult willing or able to take responsibility.

2. Adults with Disabilities

For adults with disabilities, guardianship might be necessary if:

- The individual has a significant intellectual or developmental disability.

- The individual is unable to make or communicate responsible decisions about personal care, finances, or health due to mental disability, disease, habitual drunkenness or addiction to drugs.

- There are no less restrictive alternatives, like a power of attorney, that can meet the person’s needs.

3. Elderly Individuals

Elderly individuals may need a guardian if they:

- Have dementia, Alzheimer's, or another condition that significantly impairs their cognitive functions.

- Cannot manage their personal or financial affairs.

- Are at risk of abuse, neglect, or exploitation and need protection.

4. Emergency Situations

In emergency situations where an individual is in immediate danger or is unable to care for themselves due to a sudden illness or accident, temporary guardianship can be established by the court to ensure the person's safety and well-being.

The Guardianship Process in Maryland

The process to establish guardianship in Maryland involves several steps: 

1. Filing a Petition

A person seeking that a guardian be appointed must file a petition with the Circuit Court in the county where the ward lives. The petition should include:

- Detailed reasons why guardianship is necessary.

- Information about the proposed ward’s condition and incapacity including medical certificates.

-Reasons why less restrictive alternatives would be ineffective or have been attempted and failed

- The proposed guardian’s qualifications and willingness to serve.

2. Evidence and Right to Counsel

Two certificates of incapacity must be provided, from at least one doctor and either a second doctor or a psychologist, social worker or psychiatrist, attesting to the proposed ward’s inability to manage their personal or financial affairs. An attorney will be appointed on behalf of the alleged disabled person to ensure their right to due process is protected.

3. Court Hearing 

The court will schedule a hearing where: 

- Evidence is presented regarding the Alleged Disabled Person's condition and need for guardianship.

- Interested parties can express their views.

- The proposed guardian’s suitability is evaluated.

-If finances are involved, bond is either ordered or waived.

 4. Court Order

If the court finds guardianship is necessary and that the proposed guardian is suitable, it will issue a guardianship order specifying the scope of the guardian’s powers and responsibilities.

Alternatives to Guardianship 

Before pursuing guardianship, it’s important to consider less restrictive alternatives that might be sufficient, such as:

- Power of Attorney: If the person has capacity, it allows a person to appoint someone to make decisions on their behalf.

- Health Care Agent/Proxy: If the person has capacity, they can appoint someone to make healthcare decisions in the event they become incapacitated.

Conclusion

Guardianship is a significant legal step that should only be taken when necessary to protect a person who cannot protect themselves. In Maryland, it is used to ensure the safety and well-being of minors, adults with disabilities, and elderly individuals who are unable to make decisions due to incapacity. By understanding the process and exploring all alternatives, guardianship can be effectively utilized to support those in need while respecting their rights and autonomy.

Further Resources

By understanding when and how guardianship is appropriate, we can better ensure that vulnerable individuals receive the care and protection they need. If you feel that guardianship is an option for your family, call Markham Law Firm to learn more.

What is a De Facto Parent versus a Third Party for Purposes of a Custody Case?

In most cases, only the biological parents of a child have a right to petition for or modify custody. But there are situations that can arise in which other adults in the child’s life may be a good custodial fit instead of, or in addition to, the biological parent. When those circumstances arise, Maryland recognizes different avenues for individuals who are not the biological parent to have standing in a custody case. This blog explains the two ways a non-biological adult has standing to participate in a custody case of a child, and how to prove those standing requirements in court.

The two avenues to achieve standing in a custody case where the child is not biologically related to the party is (1) the establishment of de facto parentage, or (2) if de facto parentage cannot be proven, the party can act as a third-party intervenor and prove the unfitness of the legal parents or exceptional circumstances.

To prove de facto parentage, Maryland requires the alleged de facto parent to show that s/he has met four factors, which were established in Conover v. Conover. There is a high burden on the party seeking standing because of the great impact that becoming a de facto parent has in our legal system. If a judge makes a finding that a party is a de facto parent, that party will have the same rights and legal standing as a biological parent would.

The four factors that must be shown by the party seeking standing are as follows: (1) the party must prove that s/he resided with the children for a certain period. This should go beyond an occasional overnight or quick visit. (2) the person must show that s/he has performed parental functions for the children to a significant degree. Parental functions often include taking responsibility for the children’s education, providing support for the children’s development, ensuring the children’s basic needs are met, and much more. (3) the party must demonstrate that there is an established parent-child bond with the children. (4) A party must show that the legal parents have consented to the de facto parentage and that the biological parents fostered the parent-child relationship between the de facto parent and the child. The consent by the biological parents can be expressed, or implied. If all four of the factors are met, the de facto parent will have the same rights as a biological parent would when it comes to standing. Following that determination, the court would then proceed to a typical custody determination by looking to the best interests of the child.

For interested parties who cannot prove de facto parentage, but are seeking to intervene in a custody case, that party must prove the unfitness of both legal parents or show that there is an exceptional circumstance that warrants the award of custody in their favor or prove both factors. The court, in In re Adoption/ Guardianship of H.W., has defined an exceptional circumstance as one “that would make parental custody detrimental to best interests of the child.” The standard of proof is preponderance of the evidence, meaning that the greater weight of the evidence points to the unfitness of the parents, or, that an exceptional circumstance has arisen.

Ultimately, a court’s custody determination can be one of the most influential decisions in a child’s life. While the court has acknowledged the right that biological parents have in the control of custody, it has also recognized that in some cases, the most “fit” person to have custody is not related by blood. To ensure that our legal system protects the children in those situations, de facto parentage and third-party intervention are mechanisms that should be used, if applicable.

If you are involved in a complicated situation in which you believe you are a de facto parent, you want to intervene because it seems the parents are unfit, or, if someone is seeking custody of your children that is not entitled to do so, contacting an experienced family law attorney can be instrumental to the success of your case. Call Markham Law Firm today to learn more about your rights and what you are entitled to regarding custody.

The Role of the Divorce Coach in the Collaborative Divorce Process

Divorce is a life-altering event that can bring emotional turmoil, stress, and uncertainty. The traditional divorce process often exacerbates these feelings, leading to adversarial relationships and prolonged conflicts. Collaborative divorce, however, offers an alternative that focuses on cooperation and mutual respect. A key component of this process is the involvement of a divorce coach, a mental health professional who plays a crucial role in guiding individuals through the emotional complexities of divorce.

 What is a Divorce Coach?

A divorce coach in the collaborative process is typically a licensed mental health professional, such as a psychologist, therapist, or counselor, with specialized training in divorce and family dynamics. Unlike a traditional therapist, who might focus on long-term mental health issues, treatment, or diagnosis, a divorce coach is specifically focused on helping clients navigate the emotional and psychological challenges of divorce. The coach provides support, helps manage stress, and facilitates effective communication between the divorcing parties.

The Key Roles of a Divorce Coach in Collaborative Divorce

1. Emotional Support and Stability

Divorce is often accompanied by intense emotions, including anger, sadness, fear, and anxiety. A divorce coach helps individuals process these emotions in a healthy way, providing a safe space to express their feelings and work through them constructively and avoid bringing them into the process in an inappropriate way. By helping support clients' mental health, the divorce coach enables them to approach divorce discussions with a clear mind and a focus on their long-term well-being.

Key Responsibilities:

• Providing one-on-one emotional support.

• Helping clients understand and manage their emotions.

• Teaching stress reduction techniques and coping strategies.

• Encouraging self-care during the divorce process.

2. Facilitating Communication

Effective communication is essential in the collaborative divorce process, but it can be challenging when emotions are running high. The divorce coach works with both parties to improve their communication skills, helping them express their needs and concerns in a way that fosters understanding rather than conflict. This is especially important when children are involved, as clear and respectful communication between parents is crucial for their well-being.

Key Responsibilities:

• Coaching clients on how to communicate their needs and concerns in an appropriate way.

• Helping to diffuse tension and reduce misunderstandings.

• Facilitating constructive dialogue between the parties.

• Assisting in the development of effective co-parenting strategies.

3. Conflict Resolution

Disagreements are inevitable during a divorce, but how they are handled can make a significant difference in the outcome. A divorce coach helps individuals identify the root causes of conflict and works with them to develop strategies for resolving disputes amicably. By focusing on problem-solving rather than blame, the coach helps to keep the collaborative process on track, reducing the likelihood of an impasse.

Key Responsibilities:

• Identifying potential sources of conflict.

• Teaching conflict resolution techniques.

• Helping clients stay focused on their goals and interests, and seeking solutions rather than winning arguments.

• Encouraging compromise and flexibility.

4. Keeping the Process On Track

Divorce can be overwhelming, and it’s easy for individuals to become stuck in negative thought patterns or to lose sight of their goals. The divorce coach acts as a guide, helping clients stay focused on the big picture and reminding them of their priorities. This support is crucial in ensuring that the collaborative process remains productive and that both parties are working toward a mutually beneficial outcome.

Key Responsibilities:

• Assisting clients in setting realistic goals for the divorce process.

• Helping clients stay focused on long-term outcomes rather than short-term emotions.

• Providing motivation and encouragement to keep the process moving forward.

• Ensuring that clients do not get derailed by emotional setbacks.

5. Supporting Co-Parenting Efforts

When children are involved, a divorce coach plays a vital role in helping parents develop a co-parenting plan that prioritizes the children’s well-being. The coach works with both parents to ensure that they can communicate effectively about parenting issues, make joint decisions, and create a stable environment for their children. By focusing on the needs of the children, the divorce coach helps parents transition from being spouses to being effective co-parents.

Key Responsibilities:

• Assisting in the creation of a child-centered parenting plan.

• Helping parents understand the impact of divorce on their children.

• Facilitating discussions about parenting responsibilities and schedules.

• Providing guidance on how to handle co-parenting challenges post-divorce.

Conclusion

The role of a divorce coach in the Collaborative Divorce process is multifaceted and crucial to its success. By providing emotional support, facilitating communication, resolving conflicts, keeping the process on track, and supporting co-parenting efforts, the divorce coach helps individuals navigate the complexities of divorce with dignity and respect. Their guidance not only makes the process smoother and less stressful but also helps ensure that the final outcome is one that both parties can live with, setting the stage for a healthier future.

For couples considering Collaborative divorce, the inclusion of a divorce coach can make a significant difference in achieving a positive and amicable resolution. Call Markham Law Firm if you wish to explore Collaborative Divorce for your case. Our group of highly experienced attorneys is ready to help answer your questions and guide you through this process.

Exploring Parent Coordination in Cases of Coercive Control or Abuse

Parent coordination is a process designed to assist separated or divorced parents in resolving conflicts related to co-parenting and child custody outside of court. It is most often used in high-conflict cases, where the parties are unable to communicate effectively and reach shared decisions in the children’s best interest. Parent coordinators are either mental health professionals or attorneys, who have specialized training to assist parents with communication and reduce conflict in many cases.

Sometimes as the neutral third party, they can weigh in to break the impasse on certain issues so that decisions can be made more quickly than in court or formal mediation, however, its appropriateness and efficacy in situations involving coercive control or abuse are subject to scrutiny and debate. Let's delve into the complexities of parent coordination in these challenging circumstances.

Understanding Coercive Control and Abuse:

Coercive control refers to a pattern of behavior used by one partner to dominate, intimidate, and manipulate the other in an intimate relationship. This behavior may include isolation, threats, surveillance, and psychological manipulation, aimed at establishing power and control over the victim. Abuse, whether physical, emotional, or psychological, can have devastating effects on victims and their children, perpetuating cycles of trauma and dysfunction.

Oftentimes, the depths of the abuse are not fully brought to light in an initial custody or divorce proceeding. Many people will try to avoid a protracted and costly court case hoping that once the case has settled the acrimony between the parties will subside. While this is generally the experience most parents will have, this is not true for high-conflict cases.

Challenges in Parent Coordination:

In cases involving coercive control or abuse, parent coordination faces significant obstacles that may compromise its effectiveness:

1. Power Imbalance: Coercive control dynamics often involve a profound power imbalance between the parties, with one exerting undue influence and control over the other. This power dynamic can undermine the ability of the victim to advocate for his/her interests and make informed decisions during parent coordination sessions.

2. Safety Concerns: Safety is paramount in cases of abuse or coercive control. The presence of ongoing abuse or the threat of retaliation may create an environment of fear and intimidation, making it difficult for victims to engage fully in the parent coordination process without risking further harm.

3. Manipulative Tactics: Perpetrators of coercive control may use parent coordination as a platform to perpetuate their abusive behavior, employing manipulative tactics to maintain control over the narrative and undermine the credibility of the victim. This can further exacerbate power imbalances and impede the pursuit of equitable outcomes. 

Critiques of Parent Coordination in Abuse Cases:

Critics argue that parent coordination may inadvertently perpetuate harm in cases of coercive control or abuse in these 3 ways:

1. Minimizing Abuse. Parent coordination processes that prioritize cooperation and conflict resolution may overlook or minimize the presence of abuse, failing to adequately address the safety and well-being of victims and their children.

2. Reinforcing Victim Blame: By emphasizing collaboration and shared decision-making, parent coordination may inadvertently reinforce societal norms that place responsibility on victims to mitigate conflict and accommodate the needs of their abusers.

3. Exacerbating Trauma: For victims of abuse, engaging in parent coordination sessions may retraumatize them, triggering distressing memories and feelings of vulnerability. The pressure to engage with an abusive ex-partner in a cooperative manner can compound the trauma and undermine the victim's sense of agency and autonomy.

On the other hand, those in support of Parent Coordination in cases involving abuse or coercive control would argue that a parent coordinator acts as a buffer for communications and can later become a witness in court if necessary. These sessions are often done remotely now, thereby alleviating the need for in-person interactions, and the parent coordinator can monitor the sessions and can step in to minimize the power imbalance or minimize the impact of negative behaviors by insisting on respectful communication and enforcing equal opportunities for both sides to be heard during the process.

In the end, there is a very delicate risk/reward analysis that each parent must discuss with counsel to decide if parent coordination is appropriate for that particular case. Remember, the primary goal is to provide a stable and supportive environment for your child. To further understand the pros/cons of this process, please contact our office to speak with a dedicated family law attorney. Our group of highly experienced attorneys is ready to help answer your questions and guide you through this process.

Navigating Family Disagreements: What to Do When Siblings Can't Agree on Elderly Parent Care in Maryland

 Caring for an elderly parent is a significant responsibility that often requires cooperation and coordination among siblings. However, disagreements can arise, making it challenging to determine the best course of action. In Maryland, there are several steps you can take if you and your siblings cannot agree on who will care for your elderly parent or the care they will receive.

 Understanding the Challenges

Disagreements among siblings can stem from various factors, including:

• Different Opinions on Care Needs: Siblings may have differing views on the level of care required for an elderly parent, such as in-home care versus nursing home placement.

• Geographical Distance: Siblings living far away may have different perspectives compared to those living nearby. Conflicts may arise between siblings when geographic distance or other factors lead to an uneven allocation of responsibility when caring for an elderly parent.

• Financial Concerns: Disputes may arise over how to finance care for an elderly parent and who will bear the financial responsibility.

• Emotional Factors: Old family dynamics, unresolved conflicts, and emotional stress can exacerbate disagreements.

Steps to Resolve Disagreements

1. Open Communication

Start with open and honest communication. Schedule a family meeting to discuss your concerns and preferences. Ensure everyone has an opportunity to express their views and listen to each other without interruption. Sometimes, understanding each other’s perspectives can help find common ground.

2. Seek Help from Neutral Third Parties

If discussions among siblings reach an impasse, consider involving a neutral third party to help. A trusted third party such as another family member or a clergy member could help resolve the dispute. Or, you can engage a mediator. A mediator can facilitate productive conversations and help the family reach a consensus. Mediation services are available through community organizations, legal aid societies, and private mediators specializing in family disputes.

3. Consult a Geriatric Care Manager

A geriatric care manager is a professional who specializes in elder care. They can assess your parent's needs and provide recommendations for care options. Having an expert opinion can sometimes help siblings agree on the best course of action.

4. Involve a Family Therapist

Family therapists or counselors can help address underlying emotional issues and improve communication among siblings. Therapy can be particularly beneficial if long-standing conflicts are contributing to the disagreement.

Legal Options 

If informal attempts to resolve the disagreement fail, legal intervention may be necessary. There are a number of legal options that may be available to allocate decision-making responsibilities and to ensure proper care for an elderly parent:

1. Power of Attorney

If your parent still has the mental capacity to enter into a legal document, they can execute a power of attorney (POA) document and Advanced Healthcare Directive (AHD), designating one or more individuals to make decisions on their behalf. Having your parent designate others to make such decisions while they are still able to do so can prevent sibling disputes in the future and can ensure that your parent's wishes are honored.  

2. Guardianship

If your parent is no longer capable of making decisions and does not have a POA or AHD, you may need to seek guardianship through the court. Guardianship grants one or more individuals the legal authority to make decisions about their parent's care and/or management of property and finances. A guardian can be appointed for the person, property, or both. The court will evaluate the situation and if no less restrictive alternative is available, will appoint a guardian or guardians to serve in the best interest of the parent.

Here’s what to expect in such a scenario: 

1. Petition for Guardianship: One or more siblings can file a petition for guardianship with the court. The petition should outline why guardianship is necessary and who is best suited to serve as guardian. In most cases, a petition must be accompanied by certifications regarding your parent's mental capacity.

2. Appointment of Attorney for the Alleged Disabled Person. The court will appoint an attorney to represent your parent's interests. Such attorney will ensure your parent receives due process and that their preferences are stated.

3. Notice to Interested Parties. Notice of guardianship proceedings will be served on individuals and institutions designated under the law to be "interested persons." All interested persons will be given the opportunity to assert their position regarding the appropriateness of the guardianship and/or the fitness of the proposed guardian(s).  

4. Hearing: The court will hold a hearing where all interested parties can present their case. The judge will then make a decision based on the evidence and testimony provided.

5. Appointment: The court may appoint a guardian, who will have legal authority to make decisions about your parent's care, property, or both. In some cases, the court may appoint co-guardians if it believes that shared responsibility is in the best interest of your parent. Guardianship of the person and guardianship of the property can also be awarded to separate parties.

6. Ongoing Oversight of the Court. The court has ultimate oversight over guardianship matters. Certain training and filings may be required of guardians to ensure that guardians are acting in the parent’s best interests.

Conclusion

Remember, the primary goal is to ensure your parent receives the best possible care while respecting their wishes and needs. Seeking legal advice and involving professionals can help navigate this complex and sensitive process. Please contact our office to speak with a dedicated family law attorney. Our group of highly experienced attorneys are ready to help answer your questions and guide you through this process.

2024 Firearms Update – Part II

Courts continue to decide Second Amendment issues at a rapid pace since SCOTUS’s Bruen decision in 2022. In this blog, I will briefly discuss two recent Second Amendment decisions interpreting Maryland gun laws.

Maryland “assault weapons” ban: 

In Bianchi v. Brown, the Fourth Circuit Court of Appeals upheld the Maryland Firearms Safety Act of 2013, which prohibits military-style “assault weapons.” The issue in the case was whether the general prohibition on the sale and possession of certain military-style “assault weapons” is unconstitutional under the Second Amendment. The court held that:

“[t]he assault weapons at issue fall outside the ambit of protection offered by the Second Amendment because, in essence, they are military-style weapons designed for sustained combat operations that are ill-suited and disproportionate to the need for self-defense. Moreover, the Maryland law fits comfortably within our nation’s tradition of firearms regulation. It is but another example of a state regulating excessively dangerous weapons once their incompatibility with a lawful and safe society becomes apparent, while nonetheless preserving avenues for armed self-defense.”

This was decided around the same time that the Supreme Court decided not to hear a case involving a request to enjoin enforcement of Illinois’s “assault weapons” ban pending an appeal to the Seventh Circuit. The case is Bevis, et. al. v. City of Naperville, and the case is expected to be heard by the Seventh Circuit in the coming months. If the Illinois “assault weapons” ban is struck down, that would create a circuit split among federal appellate courts.

Maryland’s carry restrictions partially struck down

Maryland’s Gun Safety Act of 2023 was enacted in response to the U.S. Supreme Court’s decision in Bruen that invalidated Maryland’s requirement that a person applying for a carry permit have a “good and substantial” reason for doing so. After Bruen, it opened the door for many more people to apply for and obtain carry permits. The Gun Safety Act of 2023 restricted the locations where a person may lawfully carry a firearm.

On August 2, 2024, a U.S. District Court judge struck down certain portions of the law as violating the Second Amendment. Though the judge struck down provisions barring a person from carrying a firearm in an establishment that serves alcohol (such as restaurants and bars), near a public demonstration, or on private property without the owner’s consent, much of the law remains intact. Maryland still prohibits carrying firearms at amusement parks, state parks, schools, government buildings, hospitals, and several other locations.

For more information, please read our prior post regarding the 2024 Firearm Laws Updates.

Consult an attorney experienced in firearm laws:

The firearm laws are changing rapidly throughout the country. Since gun offenses can carry stiff penalties, including jail time, make sure that you speak with an experienced firearms law attorney so that you can ensure your compliance with national and local laws. Please contact our office to speak with a criminal defense attorney. These convictions carry collateral consequences that may affect immigration, employment, and receipt of public assistance.

Is a QDRO Necessary?

There are two ways to read this question, the first being whether a QDRO is necessary for the account or interest that’s being divided. The second is whether a QDRO as a document separate from the agreement or divorce decree is necessary. 

As to the first, always check with the plan administrator. Plans governed by ERISA will need a QDRO to be divided. Plans not governed by ERISA may not need one and may not be divisible by means other than direct payment from the participant to the former spouse. If you think this is something in your case, we can help you write a separate order, or a section of the agreement to make each person’s responsibility in such a case clear. 

As to the second, the answer is a resounding “no” a QDRO as a separate document is not necessary per ERISA. However, a document that meets all of the requirements of a QDRO is necessary. So, this reasonably means that so long as all of the language required by ERISA and the plan is included in the judgment of divorce and/or agreement which is incorporated into the judgment of divorce, then no separate document is needed. 

So this begs the question, why have the QDRO be a separate document?

First, there is the matter of the parties’ privacy. The agreement and/or judgment of divorce usually includes a lot of information not related to the retirement division such as other marital property division, child custody, child support, and/or alimony provisions. If all of the necessary information is included in the agreement or judgment of divorce, then all of the non-related information will be required to be shared with the retirement plan administrator.

Second, sometimes parties will agree to complicated asset off-setting schemes which are described in detail within the agreement. When the QDRO is a separate document, these details are omitted so that the retirement plan administrator sees only the information necessary to divide the retirement plan. The retirement plan administrator does not need, nor do they want, to know the reason behind the division. They just want to know what the division is they need to implement.

Third, plan administrators are generally not attorneys, or even paralegals. They have a checklist to make sure certain provisions are included. They then review any additional provisions to see if there is anything that contradicts the plan rules, adds a burden to the Plan that the Plan is not willing to accept, or otherwise is something to which the Plan does not agree. If such a provision is included, it will cause a rejection. When parties have complicated asset off-setting schemes, sometimes the detailed description of the reason behind the division can cause confusion for the plan administrator. If the division is not clearly stated, the plan administrator will reject the order.

If is for these main reasons that we prefer to have the QDRO as a separate document from the judgment of divorce and settlement agreement.

As an additional note, some plans require that the settlement agreement be submitted to the plan with the QDRO. The reason is to safeguard the plan from future litigation.

In these circumstances, we have learned that if the parties are merely adding information to the QDRO, the plan administrator usually has no concerns. For example, if the parties state in the agreement that the former spouse is entitled to 50% of the amount accrued during the marriage as it relates to a defined contribution account, and then the QDRO states the amount being transferred to the former spouse is $50,000, that should not cause any issues with the plan administrator.

However, if the agreement says that the former spouse’s share of a defined contribution account will not include earnings, gains, and losses from the valuation date to the date of distribution, and then the QDRO says that it will include earnings, gains, and losses, the plan administrator may reject the QDRO. We have come across these cases and the parties have in good faith changed their minds about something in the agreement and simply wish to change it in the QDRO. In such circumstances we include a footnote in the QDRO to acknowledge the discrepancy between the agreement and the QDRO. The footnote makes the plan administrator aware that the parties are knowingly deviating from the agreement so that the QDRO cannot be contested in the future on the grounds of making an award that differs from the parties’ agreement.

If the plan implements an order that differs from the agreement, and a party later files to vacate or amend the order, the plan may be the subject of litigation. Whether the litigation is successful is a different question, but still it would cause legal and administrative fees to defend and therefore is something the plan will want to avoid.

If considering the need in the future for a QDRO as a separate document, consider these points with your client. If you have a QDRO need, contact us at 240-396-4373 to schedule a consultation. We have attorneys who focus their practice on the division of retirement and preparation of QDROs who can help resolve these issues.