Legal Question in Family Law in Maryland

Guardianship Over Handicap Brothers

More than a month ago my two brothers were put in temporary custody of Maryland State Dept of Social Services. I do not live in the state of Md. I reside in VA. Is there a way I can become more involve in what is happening with them? Is there a way I can obtain Guardianship instead of my brothers being institutionalized? They were taken away due to neglect from my mother. I am a single parent and I know it would be a lot of responsibility to take them on but I rather do what I have to do than have them be institutionalized not knowing if they are being treated worse. I�ve contacting the person who�s handling their case but I�m assuming that this person has already made up her mind that she doesn�t want any contact with any family members. Can you please advise me on what I can do?


Asked on 10/16/03, 1:28 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Guardianship Over Handicap Brothers

You can file a petition in the circuit court where your brothers reside seeking to be appointed as the guardians of their person and property. If your brothers are either minors (under 18) or disabled, the court has the authority to grant guardianship. If they are disabled, you will need two doctors to write letters certifying that that they are disabled and therefore unable to care for themselves. You will also have to demonstrate that you are fit and able to care for them. These matters require court proceedings and thus you would be well advised to hire an experienced attorney to assist you in this endeavor.

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Answered on 10/16/03, 3:01 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Guardianship Over Handicap Brothers

In situations invoving the abuse and/or neglect

of minors which requires that the children be removed from the custody of their caretaker(s)

and made wards (if only temporarily) of a social services agency, that agency will, normally, always be interested in locating relatives of

such children who are ready, willing, and able, so to speak, to assume either guardianship or custody of the children. These agency personnel, as a general rule, would much rather place children with caring relatives rather than in foster care with strangers.

You should make every effort to contact the caseworker and his or her supervisor, if necessary, to indicate your strong interest in taking guardianship of your brothers. It's possible that the social services agency, through their attorney, may be able to arrange that the Maryland court appoint an attorney qualified to represent you in this matter.

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Answered on 10/17/03, 9:28 am


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