Bethesda MD Family Law Blog

Witnessing a family member or friend having to deal with the restraints of incapacity can be heartbreaking. Most value their independence, and as such, also want others to enjoy theirs as much as possible. Yet sometimes, intercession is often required in order for one not fully capable of supporting themselves to be protected. Accepting the responsibility of acting as a guardian, however, can be quite a challenge. 

The priorities of appointment for adult guardianships have been detailed on this blog in the past. A quick review of them reveals that the courts favor family members or those with whom the proposed ward already has an established relationship. For some of those legally viewed as being the best to assume the role of guardian, the job may seem too overwhelming. In such a case, the need to protect the ward must be balanced by the reluctance to not overburden another with such an awesome responsibility. Fortunately, the law offers a potential solution. 

Your divorce can not only exact heavy toll on your emotions, but also your wallet. Alternative dispute resolution methods such as mediation have long been praised as being low-cost alternatives to traditional legal proceedings in Rockville. Yet exactly how much more money can divorce mediation save you and your soon-to-be ex-spouse? It may be difficult to answer that question given the unique elements associated with mediation. A better way to identify the cost-savings achieved through mediation may be to understand why traditional divorce proceedings can cost so much. 

As you and your ex-spouse work your way through your proceedings, there are bound to be disagreements along the way. When arguing your case in traditional court, these disagreements can prolong proceeding, requiring follow-up hearings in order to come to resolutions. The result of this is more money spent consulting with attorneys and in paying court costs (which are not cheap). 

A great deal of hard work no doubt went into establishing your business in Rockville. The same might be said of your marriage. Your concern for the former will doubt then be affected by the dissolution of the latter. You may question why your soon-to-be ex-spouse is able to profit off of your business when you were the one to establish it. Yet it should be remembered that per Section 8-201 of the Maryland Code detailing Property Disposition in Divorce and Annulment, a marital asset is defined as any that you acquire while married. While your business as a whole might not meet this criteria, any interest it gained while married would. 

How is that interest determined? Say you owned one location before you were married, and then expanded to five during your marriage. The court may then determine that 80 percent of your business' value is subject to property division. How much of that interest your ex-spouse will be entitled to depends largely on his or her actions related to the company's growth, such as if he or she helped finance your business' expansion, or whether he or she participated in its daily operations. 

Bringing up the issue of adult guardianship is never easy, yet there may reach a point where circumstances dictate that your loved one have someone who is specifically assigned to see to his or her well-being. He or she might not necessarily agree with your assessment, but that is understandable given the hesitancy that anyone would experience at the thought of surrendering important personal powers and authorities to someone else. If, however, he or she continues to refuse such care, you may be forced to take matters into your own hands. 

Section 13-705 of Maryland's Estates and Trusts Code says that you (or any other interested party) may petition the court to have an ailing loved one be declared incapacitated. The state's standard for defining incapacitation is one lacking the ability to make or communicate responsible decisions regrading the provision of his or her own care due to any of the following reasons: 

• Mental disability 
• Disease
• Habitual drunkeness
• Drug addiction