Conservatorship
Annapolis, Maryland Conservatorship Attorney
Experienced Conservatorship Lawyer Serving Anne Arundel County, Washington D.C., and Beyond
Committed to safeguarding your interests and those of your loved ones, Annapolis conservatorship attorney Raymond E. Brown stands as a trusted choice for Maryland residents seeking assistance with conservatorship law. At The Law Office of Raymond E. Brown, our attorneys are dedicated to providing compassionate, personalized legal assistance to families navigating the complexities of conservatorship and estate planning.
Whether you are seeking to establish a conservatorship, manage estate matters, or plan for the future with foresight and care, our legal team offers the experience, knowledge, and understanding needed to guide you through these critical decisions with confidence and peace of mind. To learn more about conservatorship or to speak with an attorney at our law firm regarding your case, give us a call at (443) 554-9944 or contact us online to schedule a consultation today.
What is Conservatorship?
Conservatorship is a legal process where a court can appoint a responsible person or organization, often family members, to oversee and manage the financial and personal affairs of an adult who is incapable of doing so themselves due to physical or mental limitations. This appointment is specifically reserved for when an individual lacks the capacity to make informed decisions and requires someone to act in their best interest.
Conservatorship vs. Guardianship
In Maryland, the terms “guardianship” and “conservatorship” are often used interchangeably. The guardianship process typically involves the appointment of a person (the guardian) to make decisions for another (the ward) who is unable to make decisions for themselves due to a disability or incapacity. In Maryland, there are two main types of guardianship:
- Guardianship of the Person: The appointed guardian has the authority to make health care decisions as well as decisions regarding living arrangements and the personal welfare of the ward.
- Guardianship of the Property: The appointed guardian manages the ward’s property and financial affairs.
While the term “conservatorship” is less commonly used in Maryland, it is generally understood to be similar to guardianship of the property, as it involves appointing someone to manage the financial and estate matters of a person who is unable to do so themselves due to incapacity or disability.
In some jurisdictions, “conservatorship” is used more broadly and can include both personal and financial decision-making responsibilities, similar to guardianship in Maryland. The specific powers and responsibilities of guardians and conservators can vary depending on the court’s orders and the individual circumstances of each case.
Types of Conservatorship
In Maryland, conservatorship (like guardianship) is categorized into two main types: estate conservatorship and person conservatorship. Both types are essential in safeguarding the interests of those who cannot manage these aspects of their lives independently.
Estate Conservatorship
Estate conservatorship, also known as Guardianship of the Property, is a legal arrangement where a court appoints a conservator (guardian) to manage the financial affairs and assets of an individual who is unable to handle their own finances. This is specifically focused on overseeing the person’s estate, which includes handling bank accounts, investments, bill payments, and other financial responsibilities.
Person Conservatorship
Person conservatorship in Maryland, also known as Guardianship of the Person, is when a court appoints a conservator (guardian) to make personal and welfare decisions for an individual who is unable to make these decisions themselves due to incapacity or disability. This encompasses a range of responsibilities, including overseeing the individual’s living arrangements, health care, and overall well-being. The conservator is required to act in the best interests of the person, ensuring that their daily needs are met and their quality of life is maintained.
Understanding Conservatorship in Maryland
Under Maryland law, the process of establishing a conservatorship begins with a petition filed in court. This petition, typically submitted by a family member, friend, or another interested party, requests the court to appoint a conservator/guardian for an individual who is unable to manage their own affairs, whether that be personal affairs or financial affairs. The court then conducts a thorough evaluation, which may include medical examinations and hearings, to determine the individual’s needs and the suitability of the proposed conservator. If the court finds a conservatorship necessary, it will officially appoint a conservator.
Legal Responsibilities and Rights of a Conservator
In Maryland, a conservator/guardian holds significant legal responsibilities and rights, centered on acting in the best interest of the person under their care. Once appointed by the court, the conservator is legally obligated to manage either the individual’s financial affairs or personal care decisions with the utmost care and diligence.
This may include handling assets, paying bills, making investment decisions, overseeing living arrangements, and making health care decisions, depending on the circumstances of the case. The conservator must maintain accurate records, provide regular reports to the court, and seek court approval for certain major decisions.
The rights of the conservator are balanced with the need to preserve as much of the individual’s independence as possible, ensuring that their dignity and rights are respected throughout the process.
How an Attorney Can Help Throughout the Conservatorship Process
Navigating the conservatorship or guardianship process in Maryland can be complex, which makes seeking the assistance of a qualified attorney incredibly important. Maryland conservatorship lawyers bring a wealth of knowledge about state-specific conservatorship laws and procedures, ensuring that all legal requirements are met and the rights of both the conservator and the ward are upheld.
At The Law Office of Raymond E. Brown, our experience in elder law and estate planning is particularly beneficial in addressing the unique challenges and sensitivities involved in conservatorship cases, especially those pertaining to older adults. Our conservatorship lawyers can guide clients through the intricacies of filing a petition, representing their interests in court, and advising on the management of the conservatee’s affairs.
By working with a lawyer experienced in this field, individuals and families can make informed decisions throughout the conservatorship process, ensuring that the rights and best interests of everyone involved remain protected.
Call the Annapolis Conservatorship Attorneys at The Law Office of Raymond E. Brown
If you are located in Annapolis, MD or the surrounding Anne Arundel County area and are seeking guidance and support for your conservatorship/guardianship needs, look no further than The Law Office of Raymond E. Brown. As a seasoned Maryland conservatorship and guardianship attorney, Raymond E. Brown is committed to ensuring that every case is handled with the utmost professionalism and care. He is also equipped to assist with a variety of other elder law and estate planning matters.
Whether you are contemplating the need for a conservatorship/guardianship, navigating the complexities of the process, or simply require experienced legal advice, contacting Raymond E. Brown is the first step towards ensuring your legal needs are met and the best possible outcome is achieved. You can contact us by phone at (443) 554-9944 or via the intake form on our website to schedule a consultation today.
