Annapolis Guardianship and Wills Lawyers
Guardianship and a last will and testament are vital elements of an estate plan, a series of documents and directives for enacting a person’s wishes regarding their loved ones and assets in the event of their incapacitation or death. Guardianship is the process of appointing an individual to care for and make decisions on behalf of someone unable to manage their own affairs due to age, disability, or incapacity. Guardianship can be a stand-alone process or detailed within a person’s will, the latter typically involving minor children with no living parent.
Guardianship is often appointed to a family member or close friend with an existing relationship with the individual requiring assistance. Maryland’s circuit courts oversee the process to ensure all decisions comply with family law statutes.
What Are the Types of Guardianships in Maryland?
In Maryland, there are various types of guardianship to choose, depending on your particular needs and circumstances, as follows:
- Guardianship of a person: Guardianship for individuals unable to make decisions regarding their healthcare, personal welfare, or shelter to ensure their daily needs and overall well-being are met.
- Guardianship of a property: Guardianship is specifically for individuals unable to manage their finances, which is typically court-appointed.
- Guardianship of a minor: Guardianship for minor children under 18 to ensure proper care of children’s welfare, education, healthcare, and upbringing.
- Limited guardianship: Guardianship is for individuals with some ability to make decisions for themselves but who require assistance from others.
- Temporary guardianship: Guardianship addresses an individual’s urgent and temporary needs and decision-making, especially those who cannot make decisions due to an emergency or a sudden or drastic change in circumstances.
- Standby guardianship: Guardianship allows an individual, typically a parent or primary caregiver, to designate a guardian in advance for their child or dependent adult when the primary caregiver is no longer able due to serious illness, incapacitation, or death.
In Maryland, an individual can be appointed a guardian provided they are at least 18 years old, mentally competent, and free from certain legal restrictions, such as felony convictions.
How Do I Appoint a Guardian in Maryland?
Appointing a guardian in Maryland is not a difficult process, but does involve several required steps, which include:
- Filing a formal petition with the court outlining the need for guardianship and supporting information detailing the reasons the individual needs the care of a guardian.
- Providing documents and evidence to support the petition for guardianship, such as medical records, mental or physical capacity assessments, and other relevant documentation.
- Attending a court hearing for the evidence to be reviewed by the judge, including the petition, supporting documents, and any testimony provided to assess the need for guardianship.
- Appointing guardianship if the court deems it appropriate, necessary, and in the individual’s best interest, who will immediately assume legal responsibilities and rights specified by the court.
The guardianship process varies but generally takes several months to complete, depending on court schedules, the complexities of the case, and any disputes. Guardianship can be modified or revoked if circumstances significantly change, or the appointed guardian is no longer suitable.
What Is a Last Will and Testament?
A last will and testament (will) is a legal document outlining directions on distributing your assets, such as property, money, and possessions after your passing. A will specifies your wishes to distribute your assets to your chosen beneficiaries and instructions for other important factors, such as guardianship of your children or pets.
Creating a will is crucial to ensuring your assets and wishes are protected and properly carried out after your passing. However, navigating the complexities of making a will and other estate plan elements can be daunting.
You are not required to hire a lawyer to create a will, but they are vital documents you cannot afford to make mistakes. Even a slight error can be costly. Working with an experienced estate planning lawyer can help reduce the risk of errors and oversights that could invalidate your will and prevent your estate from being carried out to your wishes and designations.
When you partner with Oliveri & Larsen, we can guide you through the process step by step to ensure your will is legally valid, accurately reflects your wishes, and within the parameters of relevant laws and regulations.
What Are the Requirements for Wills in Maryland?
Maryland laws detail three specific requirements to ensure the validity of last wills and testaments, which include:
- Wills must be written in your own handwriting, typed, or a completed pre-printed document, which is more appropriate and enforceable.
- Wills must be signed by a person you designate if you are incapacitated and unable to sign for yourself.
- Two witnesses must attest to your identity and signature and sign the will themselves.
Generally, you must also be an adult of “sound mind,” meaning that you can understand the full meaning and importance of the document you create and sign.
What Are Some Key Facts I Need to Know About Creating a Will?
Creating a will involves important and very personal decisions, and it is crucial to be informed and understand the process so as not to feel blindsided or unprepared when discussing your wishes with your lawyer. Some of the key aspects of creating a will include:
- Appointing an executor: You can designate a personal representative and an alternate, who do not have to be family members, to fulfill your wishes as stated in the will.
- Choosing a guardian: If you have minor or dependent children and no surviving co-parent, you may name a guardian to care for your children in the will. Without doing so, the court may appoint someone.
- Simple wills: A “simple” will is one in which you leave your property to your spouse and then equally and outright to your children or the children if you are unmarried.
- Probate property: Probate property is a property you solely own or with others but did not specify its distribution to a beneficiary in your will. Under Maryland law, real estate owned by one or more individuals is considered probate property unless held in a trust.
- Non-probate property: Wills do not necessarily control other types of property, such as an IRA, annuities, or life insurance, typically controlled by a beneficiary you designate.
- Will limitations: Wills can have limitations that affect whether your wishes can be carried out, such as laws against disinheriting a spouse or children.
An experienced Annapolis guardianship and wills lawyer can guide you through the process, answer all your questions, help you create a will you are comfortable with, and address all your decisions and plans for your estate following your death.
How Can an Annapolis Guardianship and Wills Lawyer Help Me?
Maryland’s laws regarding guardianship, last wills, and testaments can be complex, so having a knowledgeable lawyer to help you navigate the intricacies of estate law and preparation is a valuable resource. At Oliveri & Larsen, we are committed to providing the most comprehensive guidance and legal representation to protect you, your assets, and your loved ones well into the future.
Our Annapolis Guardianship and Wills Lawyers at Oliveri & Larsen Help Clients Prepare for the Care and Protection of Loved Ones After DeathCreating a will and establishing guardianship are vital elements of any estate plan, allowing you to make decisions regarding the care and protection of your loved ones following your death. At Oliveri & Larsen, our Annapolis guardianship and wills lawyers can help you create a tailored plan to ensure your wishes. Call today at 401-295-3000 or contact us online to schedule a consultation. Located in Annapolis, Maryland, we serve clients in Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.