There are times when an individual finds themselves in the hospital, healthy enough to be discharged but no longer able to live independently. If the hospital is unable to work with the individual on a discharge plan because, for example, the individual has lost some mental capacity, the hospital searches for family or friends for assistance. Thus, an interested party’s[1] first contact will likely be from a hospital social worker.
Even with family members or friends involved, obstacles to discharge may remain. For instance, if the individual has not executed a power of attorney or an advance medical directive, no one may be able to access their finances, which is needed to facilitate the life changing event of relocating to a certain level of care facility or paying for in-home assistance services. Alternatively, there may be several family members with differing opinions on the best course of action for the individual. As a result of an impasse, for whatever reason, the hospital will file a Petition for Guardianship of the individual. The hospital does not wish to serve as the individual’s guardian but, rather, desires the court to appoint someone guardian. Hence, an interested party’s second contact will likely be from the hospital’s attorney.
After a Petition for Guardianship is filed, the court appoints counsel to advocate on behalf of the individual, i.e., alleged disabled person. In addition to meeting with the alleged disabled person, court appointed counsel will contact interested persons, and, therefore, an interested party’s third contact will likely be from court appointed counsel. It is important to remember that the court appointed attorney does not represent the hospital and does not represent the interested person.
An interested party may believe that guardianship is not needed, may desire to serve as guardian, or may not wish to be involved at all. If the interested party does not wish to be involved or serve as guardian, that person simply informs each caller of this. On the other hand, if an interested party would like to become the alleged disabled person’s guardian, he or she must attend the hearing and view the Guardianship Orientation video[2] prior to the hearing. And, that interested person may consider hiring an attorney to represent their interests in the guardianship proceeding.
Participating in a guardianship may be a difficult process with unique challenges for those who do not handle these cases on a regular basis. If you believe that you need to file for guardianship or have been named as an interested person in a guardianship, then call for a free consultation.
Kelly Raynaud, Esq.
King|Hall LLC
410-928-1104
5300 Dorsey Hall Drive
Suite 107
Ellicott City, Maryland 21042
kelly@kh.legal
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[1] “Interested person” means the guardian, the heirs of the minor or disabled person, any governmental agency paying benefits to the minor or disabled person, or any person or agency eligible to serve as guardian of the disabled person under § 13-707 of this title. If an interested person is also a minor or a disabled person, interested person also includes a judicially appointed guardian, committee, conservator, or trustee for that person, or, if none, the parent or other person having assumed responsibility for that person. Md. Code Ann., Est. & Trusts § 13-101(k).
[2] https://mdcourts.gov/family/guardianship/guardianorientationprogram
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