What is a guardianship?

A guardianship is a legal relationship that is established when an individual is no longer able to make decisions for themselves or manage their own affairs due to physical or mental disability. The guardian is responsible for making decisions on behalf of the individual and is usually appointed by a court of law. Guardianship is typically established when an individual has been declared legally incapacitated or disabled by a court of law. The guardianship is set up to protect the interests of the disabled individual and can usually be revoked at any time. In Maryland, guardianship is also referred to as a “conservatorship” and can be established when an individual is unable to make decisions for themselves due to a physical or mental disability. A conservatorship is typically established to manage the financial affairs of the disabled person, though the court may also grant the conservator power over the person’s medical decisions and personal welfare. A guardianship or conservatorship may be established by an adult’s parent or guardian or by a professional who is designated by the court. It is important to understand that guardianship or conservatorship does not take away the rights of the disabled individual. In Maryland, conservatorships are intended to protect the best interests of the disabled person and the decision-making authority of the conservator is limited to those necessary for the individual’s welfare.

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