PLANNING FOR THE FUTURE
Planning For The Future
The following resources can be helpful for future and long-term planning on issues such as guardianship and creating an Advanced Directive
Plan of Maryland - DC., Inc.
The mission of PLAN of Maryland – D.C., Inc. is to enable individuals with disabilities to maximize their potential for independence and quality of life through coordinated service and programs that emphasize long term planning, clinical case management, family services and financial management.
Guardianship is a legal procedure by which a court seeks “to protect those who, because of illness or other disability, are unable to care for themselves.”1 The statute uses the term “disabled person” to refer to an adult who has been judged by a court “to be unable to manage his property,” and therefore needs a guardian of the property, or “to be unable to provide for his daily needs sufficiently to protect his health or safety,” and therefore needs a guardian of the person.
Guardianship and Its Alternatives: A Handbook on Maryland Law
Many questions come to mind when we realize that a loved one or someone we know cannot care for herself or make necessary decisions. This Handbook is designed to help you find the answers to these difficult questions. It discusses the law of adult guardianship in Maryland and explains when a guardian can be appointed to act for a person who lacks the capacity to make decisions for herself or himself. But maybe more importantly, the Handbook lists many alternatives to a formal guardianship proceeding that may be more appropriate and less expensive than a formal guardianship.
The following form can be used for Petition for Guardianship of Alleged Disabled Person
Mental Health Advanced Directives
Maryland law gives the right to anyone 16 years of age and over to be involved in decisions about their mental health treatment. However, a parent or guardian of a person under the age of 18 years may authorize treatment, even over the objection of the minor. The law also notes that at times, some persons are unable to make treatment decisions. Maryland law states that you have the right to make decisions in advance, including mental health treatment decisions, through a process called advance directive. An advance directive can be used to state your treatment choice or can be used to name a health care agent, that is someone that will make health care decisions for you. The following form is provided through the Maryland Department of Health and Mental Hygiene to establish the Advance Directive.