New court rules regarding guardianships of vulnerable Marylanders go into effect January 1

ANNAPOLIS, MD – Changes to court rules that help safeguard the personal and financial well-being of vulnerable Marylanders will go into effect January 1, 2018.  The changes will apply to court-appointed guardians, guardianships, and attorneys.  Guardians are appointed by the court to make personal or financial decisions on behalf of someone who is unable to manage those matters because of age, disease, or disability.

“The Judiciary is committed to protecting the rights of older Marylanders and vulnerable children and adults whose matters bring them before our courts,” said Mary Ellen Barbera, Chief Judge of the Maryland Court of Appeals.  “The changes to the rules will help prevent neglect, abuse, and financial exploitation.  We are grateful to the Guardianship Work Group, which includes representatives from within the Maryland Judiciary as well as justice partners in the community.  The group advocated for these rule changes and worked diligently to implement recommendations to improve court processes and ensure that best practices are employed in the management of guardianships of minors and vulnerable adults.”

The changes include:

• New certification requirements to be completed by physicians, psychologists, and licensed certified clinical social workers (amendments to Md. Rule 10-202).

• New training and eligibility requirements for attorneys appointed to represent individuals who are the subjects of proceedings to establish guardianships (amendments to Md. Rule 10-106 and the Maryland Guidelines for Court-Appointed Attorneys in Guardianship Proceedings, which are attached as a new appendix to Title 10).

• New orientation and training requirements for guardians of the person and property (amendments to Md. Rule 10-108; new Md. Rules 10-205.1 and 10-304.1; and the Guidelines for Court-Appointed Guardians of the Person and Guidelines for Court-Appointed Guardians of the Property, which are attached as new appendices to Title 10).

• New factors for courts to consider when determining whether good cause exists to appoint as a guardian an individual who has been convicted of an offense listed in Estates & Trusts Article § 11-114 (new Md. Rule 10-113).

• New factors for courts to consider when determining whether to require a guardian of the property to post a bond (amendments to Md. Rule 10-702).

The Judiciary website has a new Maryland Guardianship section with guardianship information, including an orientation video for prospective guardians, links to training programs, and new forms. The direct link to the Maryland Guardianship section is http://www.mdcourts.gov/family/guardianship/courtappointedguardians.html.

The full Guardianship Work Group Report is available on the Judiciary’s website.  The direct link is http://mdcourts.gov/judicialcouncil/pdfs/workgroups/guardianshipreportrecommendations201605.pdf.

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