Legal Question in Elder Law in Maryland

how to declare a parent incompetent in maryland. My father is living in a house that is falling apart holes in the floors and ceiling and he is getting notices from the city for violations. He wont move nor will he let me or my mother fix the house up. Water dosent work and the floor in his bathroom is droping. We want him to move into a seniors home because he is elderly and has health problems. He has been hospotilized 3 times in the last year. what can we do.

Asked on 11/22/10, 7:56 pm

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

It depends on the type of health problems. What has he been hospitalized for? It's very difficult to take someone's rights away because they won't move or let his wife fix up the house. I strongly recommend that you consult with a Maryland elder law or family law attorney, who can discuss your options and the cost (in terms of attorney fees, court costs, medical and psychological evaluations, etc.).

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 11/29/10, 7:24 am
Paula McGill Attorney at Law

I assume he is still married to your mother. I also assume she will be the guardian should one be appointed. If possible, she should obtain an independent mental and medical examine for your father.

The form petition for guardian may be simple to complete. However, the court is likely to appoint an attorney to represent him the matter. This is done to protect his own interests. In any event. The court approved form can be obtained through


300 E. Lombard Street

Suite 840

Baltimore, MD 20201


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Answered on 12/10/10, 5:50 pm

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