When an adult family member can no longer make informed health care decisions, families often feel pressure to act quickly.
In Maryland, a court can appoint a guardian of the person to help with decisions. This role is different from a guardian of the property, who manages money, assets and financial affairs. However, that authority depends on the court’s order, the person’s needs and any planning documents in place.
What authority can a guardian receive?
The court decides what powers this role includes. A guardian of the person may be granted authority to consent to medical treatment and to choose where your loved one lives. The role may also include arranging care and managing daily support needs.
These powers are not meant to replace your loved one’s voice when their wishes are known. State law requires a guardian to act in the incapacitated person’s best interest while considering prior preferences when possible.
When does a guardian need court approval?
The role does not allow unlimited control over care. State law restricts certain choices, including sterilization, psychosurgery and withholding or withdrawing life-sustaining treatment in certain situations. In those cases, the guardian may need specific court approval.
An existing advance directive can also affect what happens. If the person named a health care agent before losing capacity, that document may guide medical decisions and could reduce the need for court involvement.
What do families need before filing?
To seek guardianship, you file a petition in the circuit court where the person lives. The petition generally must include two certificates from qualified health care professionals. In Maryland, the examinations supporting both required certificates must have occurred within 21 days prior to filing the petition.
After filing, the court will automatically appoint an attorney for the person to ensure their rights are fully protected throughout the proceedings, unless independent counsel has already formally appeared. This also gives the person a chance to respond before the court decides whether guardianship is necessary.
Planning before medical decisions become urgent
If your family is worried about medical decisions for an adult loved one, start by reviewing any existing planning documents. Understanding the guardianship process now can help you ensure your loved one receives the care they need while respecting their legal rights.