Guardianship in Maryland

amicrazytoo

I hope "Crushed" will see this and have advice. I'm where I need to place DH, however I don't have all the POA's and other documents needed. Let this be a lesson to those that have not heeded the advice on getting help from a Certified Elder Law Attorney!  It is NEVER too soon! When my DH was originally diagnosed in Jan. 2018, we had seen a CELA, but even then it was too late. DH sat through the first meeting with the attorney and refused to go back or sign any forms. DH thought I was trying to call him crazy and have him locked up, he thought I was after his money. (There is no big chunk of change, just a modest amount in retirement accounts.)

Can I file for guardianship myself or do you suggest I hire an attorney? I desperately need some respite. But have no power to place him without his consent.  I have kept a journal of his behavioral changes since early 2016.

Ed1937

I have no advice, but I'm sorry this is happening to you. You are sooooo right about seeing a CELA early. It is not necessary to have a diagnosis to get what we all need. We're here for you whenever you feel the need. Best of luck straightening things out.

Rennbird

I live in Virginia and I know two people who had to file for Guardianship because their spouses refused to give them a POA.

Fred10462

It's not terribly difficult to go through the guardianship process. I do recommend an attorney. The Court may want to appoint its own attorney to represent the person who needs the guardian.

That attorney will conduct an interview and make sure the process is fair and the LO is not being railroaded. Doing that will also negate any future conflict with any other relative who may decide to make a claim. It can take 3-6 months.

amicrazytoo

Thanks for the responses. I was definitely leaning towards hiring an attorney for this task. I printed out the forms online, luckily Maryland has great online resources. But this is over my head while dealing with the day to day stresses of caregiving.

Crushed

go back to the CELA   you saw before.  take every bid of information you have 

amicrazytoo

I called Hospice, they are scheduled to come and evaluate DH on Monday. I will tell him that they are there at assist me more than him. It's actually true. However if he asks them to leave, they will and my next step will be to call the CELA and get the ball rolling on guardianship. If I can't get some respite soon or at least within the horizon, this disease my DH has is going to kill me.

I absolutely hate the idea of getting guardianship. But if I want to stay alive, it's going to be my only hope. He will say that he was correct in the beginning, that I am after his money and want to have him locked up. I don't want any of that, I just need some peace. My heart is breaking.

Cynbar

He will need to sign himself onto hospice, if he won't do that then the services don't happen. Assuming he does, hospice has a 5 day respite benefit where he would go to a facility and hospice would pay. Once again, he must agree. Perhaps the nurse and/or the social worker can talk him into it. But I think you'll need guardianship anyway, as he will become less and less able to make sound decisions for himself.