Legal Question in Elder Law in Maryland

My mother-in-law was just taken to the ER this morning for problems related to her frailty, inability to do for herself. She has refused to move to an assisted living facility, and she is not making wise decisions for herself. She has 3 sons and a sister; none of us know if she has a will or any legal directives because she refuses to tell anyone anything. How do her next of kin get legal guardianship? If she has not executed a living will or given power of attorney who does the State refer to? She lives in Maryland.

Asked on 3/28/11, 7:57 am

2 Answers from Attorneys

Richard Abraham Abraham & Bauer, LLC

A Guardianship is a formal court proceeding. A Petition containing all of the facts and conforming to MD law is filed in the Court of the County where she resides. Physicians certs accompany this pleading and there others that need to be prepared and timely filed, While you might be able to handle the matter on your own, having provided representation to hundreds of these case as petitioning counsel, court appointed counsel for the alleged disabled and as a Guardian of property, I recommend you seek Counsel from an attorney experienced in these matters. It will cost some money but also eliminate stress in your life and be handled correctly Feel free to contact me if you need assistance

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Answered on 3/28/11, 8:24 am
Cedulie Laumann Arden Law Firm, LLC

As the above attorney noted, guardianship over a disabled adult requires a petition and court proceeding where the assistance of counsel is recommended.

To answer your more specific question, the law specifies who has "priority" to serve as guardian and generally the children would have priority to serve if there is no living spouse. While not legal advice, I hope that this post helps guide you in the right direction.

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Answered on 3/28/11, 9:14 am

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