Q: I have an adult son, he's had 3 strokes & he's addicted to heroin. Can I get guardianship? Can I file n family law
A:
The prevalence of addiction sadly leaves many families trying to figure out the best ways to support and help their loved ones. Maryland law has long recognized that chronic drunkenness or addiction to drugs can render someone unable to manage their own affairs and allows for adult guardianship in such situations.
Before any adult guardianship case can be filed, two separate medical professionals must certify that the addicted or disabled person is unable to manage their own affairs. Maryland law sets forth various rules and timeframes for guardianship proceedings and families may want to seek legal counsel to guide through the process. After a petition is filed with the court, the court appoints an independent attorney to meet with the person over whom guardianship is sought (depending on the circumstances the Petitioner may have to pay for that attorney as well). That attorney makes a recommendation and usually there is a court hearing, but ultimately the court decides whether or not guardianship is appropriate.
The Maryland Judiciary has videos for people seeking guardianship in this state -- it might be helpful to watch those videos to get a better understanding of this topic. https://www.mdcourts.gov/family/guardianship/courtappointedguardians
While not legal advice, I hope that the above information helps.
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