Since the release of “I Care A Lot” on Netflix and Amazon, our office has received many questions regarding guardianship in Maryland and how the process actually works. Kelly Raynaud is breaking down the most frequently asked questions for you to help clear up any confusion around what the laws state in Maryland. This week she answers the question:

Is there any oversight at all to a court-appointed guardian? Could they be appointed your guardian and sell your house and all of your belongings as quickly as it happened in the movie?

The answer to the first question is yes and the answer to the second question is extremely unlikely.

The court is the ultimate guardian in Maryland. Every guardian appointed by the court must file annual reports to the court, providing detailed information pertaining to the ward. The court will remind the guardian of their annual duty each year and does not hesitate to schedule a hearing on the matter if the guardian’s report is incomplete, missing, or raises concerns in any way. In this manner, every guardian must answer to the court on a regular basis.

The speed with which a guardian of the property may decide to sell a ward’s house and belongings, and then actually do this, is dependent on the circumstances of each case. Even if a decision is expeditiously made to move forward with a sale, it may not happen quickly owing to the nature of the housing market at that moment in time or the condition of the belongings or any number of other reasons. Whatever transpires, though, the guardian will have to report it to the court – what was sold, how much was received, and how those funds were spent. Everything needs to be for the benefit of the ward and so those funds are to be spent on them.

Notably, if the court is not satisfied with the guardian’s information and the guardian is unable to answer the court’s questions, it may appoint an investigator to assist int he matter.