Legal Question in Elder Law in Maryland

Guardianship vs power of attorney

My grandmother is 91 and the closest relatives are my 3 siblings and myself. We need to know how to get either guardianship or power of attorney because she is currently in the hospital in ICU and incapable of making decisions for herself. We need to make medical decisions , and sell her house, as she has no other assets. Prior to being hospitalized she gave away $50,000 to a con man and we don't know what to do.


Asked on 6/29/04, 2:15 pm

1 Answer from Attorneys

Gwen D'Souza D'Souza Law Office, LLC

Re: Guardianship vs power of attorney

Because she has already reached the point where she cannot make decisions, she can not effectively execute a power of attorney or an advanced directive for health care. You may file a petition for guardianship with the Circuit Court in the county where she is currently.

Ms. D'Souza understands this information is distributed to the general public. Please note these statements are offered for informational purposes only; they are not offered as and do not constitute legal advice. Any reviewer of this information should seek professional counsel. Any application of the information provided is dependent upon specific facts and circumstances of individual situations.

Transmission of information is not intended to create, and its receipt does not constitute an attorney-client relationship. If you would like to discuss an issue about guardianship, please contact Ms. D'Souza directly so that an attorney-client relationship may be properly established.

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Answered on 6/29/04, 10:09 pm


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