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.