This seminar is a comprehensive examination of the legal, practical and ethical issues involved with establishing and administering guardianships in Maryland. Consideration will be given to the legal requirements for obtaining a temporary guardianship; selecting a guardian and performing the duties of a guardian for different types of persons; handling ethical issues in guardianships; and post-guardianship issues.
- Analyzes the interplay of guardianship and qualification for Medicaid
- Discusses tactics in contested guardianships
- Reviews the Maryland Health Care Decision Act
- Reviews the authority of a guardian and when court approval for actions is needed
- The attendee will be able to discuss the alternatives to guardianship.
- The attendee will be able to identify different post-guardianship issues.
- The attendee will be able to review the process of obtaining guardianship.
8:30 a.m. - 9:30 a.m.
I. Steps To Obtaining
A. Requirements For Guardian Of Person
B. Requirements For Guardian Of Property
C. Petition Interested Persons
D. Physician's Certificates
9:30 a.m. - 10:30 a.m.
II. Alternatives To Guardianship
A. Specific Act Authorization By Court
B. Power Of Attorney
C. Appointment Of Health Care Agent
E. Representative Payee
10:30 a.m. - 10:40 a.m.
10:40 a.m. - 11:40 a.m.
III. Medical Decisions
A. Advance Directives
B. Maryland Health Care Decisions Act
C. Medical Decisions Under Guardianship
D. End Of Life Issues
E. Mental Health Issues
11:40 a.m. - 12:40 p.m.
Lunch (On Your Own)
12:40 p.m. - 1:40 p.m.
IV. Guardianship For Minors
A. Differences Between Guardianship For Minors And Adults
B. Distinguishing Between Termination Of Parental Rights And Guardianship
C. Avoiding Guardianship For Minors
1:40 p.m. - 2:40 p.m.
V. Representing The Alleged
A. How To Become Attorney For The Alleged Disabled Person
B. Ethical Issues
C. Effective Representation Of The Alleged Disabled Person
D. Fees For Representing The
Alleged Disabled Person
2:40 p.m. - 2:50 p.m.
2:50 p.m. - 3:40 p.m.
VI. Representing Intervening And
A. Who Is An Interested Person?
B. What Interests Is Your Client Trying To Advance?
C. Practical Issues
D. Contested Guardianships
3:40 p.m. - 4:30 p.m.
VII. Post-Guardianship Issues
A. Property Issues
1. Standards For The Guardian's Actions
2. What Transactions Need Court Approval?
3. Medicaid Planning Under Guardianship
5. Attorney Fees
B. Medical Issues
1. What Decisions Need Court Approval?
2. Standards For Guardian's Actions
3. End Of Life Issues