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Steven J. Gaba
Phone: 301-738-7770

Bethesda MD Family Law Blog

Detailing the priorities of appointment for guardianship

No one in Rockville wants to contemplate being in a position where adequately caring for oneself becomes an impossibility. Yet countless clients come to members of our team here at Steven J. Gaba concerned that their loved ones lack the capacity to do just that. If you share the same fear, then you are likely in a tough spot. Your concerns over your family member or friend's safety may be in conflict with the thought of having a guardian assigned to him or her. That fear likely comes from the assumption that such a guardian is likely to be a stranger. 

That does not have to be the case. In fact, the state has created a defined list of priorities when it comes to selecting a guardian for an adult ward. According to the General Assembly of Maryland, these are: 

  • Any person, committee or organization nominated by your loved one him or herself (provided that he or she had the capacity to understand such a decision at the time it was made)
  • Any health care agent chosen by your loved one
  • His or her spouse
  • His or her parents
  • Any person designated to be your loved one's guardian in his or her will
  • His or her children

Mediation may not work for every case

The benefits of seeking an alternative dispute resolution through mediation to end a marriage have been detailed on this blog in the past. This does not mean, however, that mediation is the best option for every case. The individual circumstances of one's divorce may dictate that it be best resolved in a courtroom under the supervision of a judge and other court officials. 

Just exactly what are these circumstances? The most obvious are cases involving abuse. Domestic violence is one of the most common contributors to divorce, and its after-effects can often be felt during divorce proceedings. Maintaining a calm, non-threatening environment is of vital importance when going through divorce-related issues. Such an environment is most easily attained in court. Indeed, the American Bar Association says mediation should never be recommended in cases involving domestic violence. 

Is there an easy way to tackle property division?

When couples in Maryland decide that it's time to split, they will soon have to decide how they want to split the things they've accumulated, too. Steven J. Gaba is here to help if you find yourself struggling with property division.

Unfortunately, there is no "easy" way to handle property division. Unless you and your ex-partner agree on every single asset you jointly owned, there are bound to be some conflict and difficulties along the way.

Custody dispute involving NBA player ends amicably

Many in Rockville may have a preconceived notion of how the typical child custody case plays out: A couple initially disagrees over custody, they argue their case before a judge (launching accusations and allegations at the other), and in the end, the judge typically sides with the mother. That assumption may actually be quite outdated, as today's family courts try to place the welfare of the children involved in such cases above all else. In many situations, the outcome may be quite different than what most might expect. 

Take the recent case of a professional basketball and his custody dispute with his former girlfriend. Their custody dispute may have begun as many others so, with her alleging that he took their boys from her home in Michigan back to his in Texas without her consent, and him accusing her of partying and constantly leaving the kids with others. However, the two seem to have been able to set aside their differences and come at an agreement that by all accounts appears to be logical and amicable. 

Protecting your personal business from divorce

As you prepare for your marriage in Rockville, the last thing you want to consider is what might happen were you to divorce. Many of those that come seeking the help of the team here at Steven J. Gaba were convinced their marriages would last forever, yet later found themselves in positions where they felt divorce was best for all involved. If you were ever to arrive at such a situation, consider the assets you have spent a lifetime developing (particularly your personal business). Ask yourself if you would want to continue having your spouse as your business partner even after your personal relationship has failed. 

In most cases, the answer to that question would be no. Yet according to Section 8-201 of Maryland's Family Law statutes, any assets acquired by you and/or your spouse during your marriage are deemed to be marital property. Even if you established your company prior to your marriage, those business assets earned during your union are considered to be shared. 

How can I tell if my spouse is hiding assets?

If you think your marriage is soon to be part of the 50-percent divorce rate in Maryland, the thought may have crossed your mind to start stashing money in a secret account. You should know that it is, in fact, illegal to hide assets from a divorcing spouse. That does not mean the same thought has not crossed the mind of your partner, however. 

According to HuffPost, 30 percent of those who share finances with another person have hidden purchases or assets from them. Some 7.2 million Americans admit to hiding a bank account or credit card from a partner. Here are some of the ways people can hide assets; many are small things, but taken together, they can add up to a good-size nest egg for someone starting over.

The importance of a reliable adult guardian

Many Maryland residents know the gravity of a situation involving adult guardianship and mental illness. This type of arrangement can prove beneficial for an adult who cannot completely care for themselves; however, finding the right person for this challenging role can be difficult. Because one situation can be different from the next, a relationship that can mesh while providing utmost care for the individual in need is a crucial part of the process.

An article from Kaiser Health News highlighted the story of two Harlem sisters in a unique situation. One sister has suffered from schizophrenia for decades, and the other has stepped up to the plate as her legal guardian. Although Ruby Wilson, 54, lives in an assisted living facility in North Carolina, Jean, her sister in Maryland, is nevertheless her primary guardian and caretaker. The job has certainly had its ups and downs, but the Wilson sisters are not alone: according to Kaiser, roughly 8.4 million Americans are caretakers to adult family and friends with mental illness. Most commonly, caretakers look over their parents, spouses or siblings.

Child custody and the stigma of mental illness

A child custody battle can be stressful enough on its own, but when mental issues enter the picture, that stress can seem all the more magnified. Maryland parents who struggle with mental illness likely have preexisting complications to sort out long before divorce papers arrive. Although some argue that adding children to this mix is a wrong step, maintaining fair child custody despite the struggles can make all the difference in the lives of those involved.

Regardless of the specific type of issue, winning a child custody battle has proved difficult for parents who struggle mentally. An article in Bipolar Lives expresses discontent with the stimga attached to mental illness altogether, claiming that parents who suffer from such illnesses often do not receive fair treatment in the courtroom. In fact, the article highlights a study from Mental Health America to show that only a third of children with a parent having serious mental health issues resides with that parent. It is not uncommon for courts to see serious problems with mental illness; this can apply even when appointed psychologists have already assessed parents to be perfectly capable of raising a child. Even worse, Bipolar Lives states that, 70 to 80 percent of the time, a parent who uses mental health problems as the argument for a custody battle wins.

Defining how your 401(k) fits into your divorce

Many of the Rockville clients that we on the team here at Steven J. Gaba have worked with in the past come into their divorce proceedings convinced that they know exactly which of their assets their soon-to-be ex-spouses cannot touch. Many are unpleasantly surprised to learn that several of those they view as being separate assets are actually subject to property division. The asset that typically causes the most shock is a 401(k). You work very hard to earn assets to allocate to your 401(k) account without contributions from your spouse. Why then would it be considered marital property? 

The reason behind this is the same that designates your earned income as a marital asset. Because you earned those assets while married, they are viewed as marital property. Thus, any funds put into your 401(k) (along with any interest or earnings generated by it) during your marriage are shared between you and your spouse. Now, if you were already contributing to your 401(k) prior to your marriage, those funds posted to it (and again, any interest or earnings) before you were wed are indeed separate property. 

Caring for a disabled adult in maryland

Caring for a mentally ill, handicapped or disabled loved one can be a complex and demanding task. The many needs of adults who cannot live on their own can depend on specific conditions and illnesses. Even with detailed needs and concerns, there are general facts with which Maryland residents can become acquainted to provide the best care for those in need.

As with most states, Maryland has its own laws surrounding the care of those unable to live alone. The Maryland State Bar Association lists some of the basics of adult guardianship in the state, including the definitions of what, exactly, constitutes as a guardian in these situations. The Court appoints a guardian to take on legal responsibility for another individual -- this step can also include a person's property. Typically, a person who is in need of a guardian is disabled and incapable of making responsible decisions regarding medical care or finances. There, too, exist rules regarding who can become a guardian in the state; courts first consider ward-designated professionals who worked with the individual before they became disabled. Next, courts consider blood relatives or close friends. After the court appoints a guardian, the guardian must follow all required legal procedures to confirm legal guardianship. 

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