Phone: 301-738-7770
Steven J. Gaba
Phone: 301-738-7770

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

If you share any of the aforementioned relationships with your loved one, yet you feel incapable of filling such a role, you can decline the nomination and name another to serve in your stead. Ultimately, a public guardian would only be appointed if your loved one had no living parents or issue, no heirs, and no one currently serving as his or her caretaker. 

You can learn more about the process of appointing a guardian by continuing to browse through our site. 

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