By now, we’re sure many of you have seen the movie “I Care A Lot” on Netflix or Prime Video (depending on where you live), where a court-appointed legal guardian defrauds her older clients and traps them under her care. And if you have seen the movie, it’s likely that you walked away from your television scratching your head and asking yourself…could that really happen?

Over the next few weeks one our Associate Attorneys, Kelly Raynaud, will answer common guardianship questions and address how Maryland law applies to scenarios portrayed in the movie. Check out this week’s Q&A below:

Can a court appoint a guardian without any input from the prospective ward, their family, or anyone speaking on their behalf in court? Does the court just take the word of a doctor at face value?

The answer to both of these questions is no.

When a petition for the appointment of a guardian is received by the court, it will appoint counsel for the person who is the subject of that petition. Thus, that person (the prospective ward) will have their own attorney, advocating on their behalf, throughout that entire guardianship proceeding.

Part of the guardianship process involves two medical professionals completing evaluations of the prospective ward within 21 days of the petition being filed with the court. They must also complete certificates with the results of their evaluations and these certificates are submitted to the court. During the guardianship hearing, the court may or may not accept these certificates into evidence. For instance, if the prospective ward objects to the guardianship, the doctors may be called as witnesses to testify during the hearing. After listening to oral argument and any testimony, the court rules on whether to admit the certificates as evidence.