Legal Question in Elder Law in Maryland

Re: What is legal guardianship?

When a person files a petition for legal guardianship, it is usually because the person believes someone can no longer handle his or her daily affairs. If what is claimed is true, a court may find the person is "incapacitated" and appoint a "guardian". In Maryland, there are two types of guardians -- guardian of the person and guardian of the property. When a person is appointed guardian, the person acts on behalf of the court. More than likely, the court will also consider the health care needs of your mother, including the financial concerns. The court may believe that it is in the best interest of your mother for a lien to be placed on her property to finance her health care.

You may want to be appointed guardian of the person and property because medicaid social workers prefer that someone who handles an incapacitated person's financial matters has the appropriate authority to do so. You may want to hire an attorney who is experienced in matters involving guardianship and medicaid applications for long-term health care to assist you on this matter. It is advisable to contact an attorney to make sure that expenses spent, at this point in time, are "permissible spend downs" that would qualify your mother for medicaid without penalty. If you are worried about legal expenses, expenses spent on an attorney for adice on medicaid matters are a permissible spend down. If your mother has substantial assets, you may eventually petition the court, during a guardianship proceeding, for payment of fees for an attorney who handled the medicaid proceeding. Depending on what the court considers reasonable, the court may or may not grant your request for payment of attorneys fees.