What to think about when obtaining guardianship of an elderly relative, even if you don't have access to them.
Caring for an aging loved one is a delicate and often challenging responsibility. When you’re worried about the safety or well-being of an elderly relative, but you don’t have direct access to them—whether because they live in another state, are isolated, or are being controlled or manipulated by someone else—the situation can feel overwhelming. You may be considering guardianship as a way to ensure their safety, make critical decisions on their behalf, and protect their best interests.
But what happens if you’re concerned for their safety and don’t have access to them? Can you still obtain guardianship in Maryland under such circumstances? In this blog, we’ll explore the process of obtaining guardianship when you are worried about the safety of an elder relative but don’t have direct access to them, the challenges involved, and the steps you can take to protect them.
What Is Guardianship?
Guardianship is a court-appointed arrangement in which one person (the guardian) is given the authority to make decisions on behalf of another person (the ward) who is unable to make decisions for themselves. Guardianship of the Person can be granted for personal care (decisions about medical treatment, housing, and daily living) or for managing financial affairs (guardianship of the property).
For elders who are facing mental or physical decline due to conditions like dementia, Alzheimer's disease, or chronic illness, guardianship can ensure they receive the care they need. However, guardianship is a significant legal intervention and should only be pursued when no other less restrictive options are viable.
Can You Obtain Guardianship If You Don’t Have Access to Your Elder Relative?
Yes, it is possible to obtain guardianship in Maryland even if you do not have direct access to your elderly relative. In many cases, relatives may be isolating themselves, or isolated by others (another friend or family member). However, it presents unique challenges that will require careful planning, evidence gathering, and legal expertise.
Here are some important things to keep in mind if you’re concerned for the safety of your elder relative but can’t easily access them:
1. Concerns for Safety and Well-Being Are Valid
Your concerns for the safety or well-being of an elderly relative may stem from many different factors, such as:
- Isolation or control by another person**: If your relative is living with a spouse, caregiver, or someone else who is preventing you from having contact, you may worry about abuse, neglect, or coercion. This may or may not actually be occurring. Sometimes concerns are unfounded. In ability to see a relative, on its own is not a reason to obtain guardianship.
- Cognitive decline: If your relative has conditions like dementia or Alzheimer’s disease, they may no longer be able to make informed decisions, putting them at risk.
- Physical frailty or medical conditions: If your relative has serious health issues and can’t manage their own care, they may be at risk of injury, neglect, or receiving inadequate care.
2. Consult with an Attorney
Because guardianship is a legal process that requires careful consideration of the person’s rights and well-being, it is advisable to consult with an attorney who specializes in guardianship. An attorney can help you understand the complexities of the process, help you determine whether guardianship is the right option, and guide you through the necessary legal steps.
In cases where you don’t have direct access to your relative, an attorney can help you navigate the requirements of obtaining medical records that you need for your case.
3. File a Petition for Guardianship
In Maryland, to initiate guardianship proceedings, you must file a petition with the Circuit Court in the county where your relative resides. The petition should include, among other things:
- The reason for seeking guardianship: Clearly explain why you believe your relative needs a guardian. In cases where the person is inaccessible to you, it’s helpful to explain the circumstances (such as isolation, control by another person, or lack of contact) and to provide as much supporting documentation as possible.
- Evidence of incapacity: The court will want to know why your relative cannot care for themselves or make decisions for themselves and this must be proven with two medical certificates.
There are many other requirements for the petition, however these are the two most important.
4. Notification Requirements
Once you file the petition for guardianship, the law requires that certain people be notified, including:
- The proposed ward (your relative), even if they are unable to attend or participate in the proceedings.
- Other interested parties, which may include other family members, close relatives, or anyone who has legal standing in the matter (e.g., existing power of attorney holders).
Once the petition is filed and all notifications are made, the court will schedule a hearing and the case will progress in due course.
Obtaining guardianship over an elderly relative in Maryland when you don’t have direct access to them can be challenging, but it’s certainly possible with the right legal guidance and evidence. If you are concerned about their safety and well-being, the court may grant you the authority to protect them through guardianship. Contact Markham Law Firm for more information.