Legal Question in Elder Law in Maryland

A power of attorney can be created by a competent individual for very little. While each attorney sets their own fees, this is not expensive (My firm for instance prepares these for less than $100). If the Principal clearly (and independently) knows what they want to do, they can contact any attorney of their choosing to prepare a power of attorney.

Unfortunately, if someone doesn't plan while they're competent, it gets far more complicated and costly to seek guardianship.

Guardianship involves a court proceeding and generally costs several thousand dollars in legal fees and currently about $175 or so in court filing fees. There are also costs associated with serving papers on every interested party to the case. Again, each attorney sets their own fees and the law does not set any particular fee for this type of case. Guardianship requires the expert opinion of at least two different doctors to attest to the state of the person over whom guardianship is sought. The court will appoint an attorney to look out for the interests of the alleged disabled person (for instance, an elderly person who can no longer manage their own affairs), all interested persons must be notified and the court will schedule a hearing. If someone contests the guardianship it will be more involved and typically will cost more money to prepare for a full-blown trial.

In appropriate cases with documented legal need and limited income/assets, some volunteer (pro bono) organizations staffed by volunteer attorneys might offer help to persons seeking guardianship. You may wish to contact one or more of these organizations directly. (Some organizations that offer pro bono legal assistance are the Maryland Volunteer Lawyer Service, or MVLS; Pro Bono Resource Center of Maryland and the Bar Association of Baltimore City Legal Services to the Elderly Program)

For more information, you might want to view this brochure created by the Maryland State Bar Association on adult guardianship: http://www.msba.org/publications/brochures/guardian.aspx

You and/or the persons needing assistance are encouraged to seek legal counsel. While this post doesn't offer any direct legal advice I hope the general legal information helps.