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A guardian of person may not be required if there is a health care agent, unless the agent does not have the power to make the specific medical decision needed. Competency Maryland guardianship law presumes an adult is competent to make decisions until proven otherwise. In Maryland, seeking guardianship depends on a variety of factors.

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Perhaps that person has dementia, suffered a stroke, or has some other ailment or injury that renders that person unable to act. The petitioner is responsible for making sure that the disabled person, his or her attorney, and all interested persons are served with a copy of the Show Cause Order within the time identified by the court in the Show Cause Order. If you decide to name someone to act on your behalf should you become incapacitated, that individual named is called a Health Care Agent. An emergency temporary guardianship order lasts from hours to six days in Maryland before it expires. This section is also referred to as a Living Will. Eligibility Criteria for Programs Proposed Regulations. A court will review the testimony and the evidence regarding whether a person is, in fact, disabled, and if so, will determine who should be the guardian. Guardian of the Person and the Property — The court can appoint one person to manage both the personal and financial affairs of the disabled person.

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The Maryland Department of Aging Public Guardianship Program serves individuals 65 years of age and older, who have been deemed by a court of law to lack the capacity to make or communicate responsible decisions concerning their daily living needs. The law authorizes, as a last resort, appointing the Secretary of the State Department of Aging or the Director of a local Area Agency on Aging AAA as a "guardian of person" when there is no other person or organization willing and appropriate to be named. The statue also provides the surrogate the ability to withhold or withdraw of life-sustaining procedures without first obtaining a guardianship under certain circumstances terminal, end-stage, and persistent vegetative state.

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