State and local public guardianship professionals share perspectives on the process. Panelists highlighted several alternatives to filing a court petition and reiterated that guardianship is the most restrictive and last option that should be considered under most circumstances.
At the recent 2024 MACo Winter Conference a group of experts in the field of adult public guardianship spoke to attendees about how the process works and some of the challenges and opportunities within that process. The panel shared a number of perspectives but one overarching theme was that there are several options to be considered before a public guardianship petition is filed.
In essence, public guardianship is when a court appoints someone else to act for a person, to make decisions about their person or their property, sometimes both. Throughout the session panelists reiterated that guardianship is the most restrictive approach to dealing with vulnerable adults. Speakers likened an adult under guardianship to, in some cases, the freedoms of someone convicted of and incarcerated for a crime.
This perspective helps local leaders take more care as they guide individual petitioners through alternative options to meet a specified goal rather than seeking a petition for guardianship through the courts. The same is true of institutions such as long-term care facilities and hospitals. This in turn helps relieve some of the petition backlog in the courts and decreases the number of wards to the state when alternative means to a determined outcome are available. Alternatives include the below, and often a combination of these are required to fulfill what a guardianship order would achieve on its own.
- advance directive
- living will
- power of attorney
- surrogate decision maker
Adult public guardianship in Maryland can ensure vulnerable adults have access to the support and care they need when they are not able to manage on their own. But it is a process not to be taken lightly and should be the last option considered under most circumstances. For more details on upcoming discussions regarding adult guardianship, check out the Maryland Department of Legislative Services 2025 Legislative Session Issue Preview report.
Title: Empowering Autonomy: Navigating the Complexities of Adult Guardianship
Speakers:
- Sara Walsh – Circuit Court Magistrate, Baltimore City
- Paula Erdie – CEO, MAC, Inc. – Maintaining Active Citizens
- Leslie Ray – Client Community Services Director, Maryland Department of Aging
- Mark Millspaugh – Director, Department of Social Services – Baltimore County
Moderator: The Honorable Karen Toles, MD House of Delegates
More about MACo’s Winter Conference:
