About
The Office on Aging and Independence Public Guardianship Program serves as court-appointed public guardian of last resort, a decision maker for Howard Countians 65+, who, because of a cognitive impairment, are unable to make informed decisions about their medical care, residence, and safety; and do not have a family member, friend, neighbor or private agency to make these decisions for them. The local Office on Aging Administrator serves as Guardian of the Person and a court appointed attorney serves as Guardian of the Property. A guardian shall be appointed only if the court determines by clear and convincing evidence that the individual is incompetent.
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The purpose of the program is to serve as court-appointed public guardian of last resort for Howard County residents 65+, who, because of a cognitive impairment, are unable to make informed decisions about their medical care, residence, and safety; and do not have a family member, friend, neighbor, or private agency to make these decisions for them. The Office on Aging and Independence Administrator is appointed as Guardian of the Person by the court. The Administrator designates staff to serve as their agent to provide day to day management of the wards and public education about guardianship and its alternatives. A court appointed attorney serves as Guardian of the Property.
What are the responsibilities of the Public Guardian of Person?
- Determines the ward’s residence and continually assesses for the possibility of a less restrictive setting.
- Arranges for medical care, comfort, social and recreational needs for the ward.
- Transports wards to medical appointments as needed.
- Requests funds for the ward’s care from the guardian of property.
- Is available 24/7 to respond to medical emergencies.
- Consents or withholds consent to medical procedures and care, including admission to a hospital or nursing home as well as end of life decisions– with some limitations as stated on the Court Order.
- Files an annual report to the court indicating the present place of residence and health status of the ward.
- Reports to the independent oversight board, the local Adult Public Guardianship Review Board, where the guardian’s decisions are reviewed for each ward bi-annually. What is the process?
- Petition by a hospital, nursing home, local Department of Social Services, or other entity to the Circuit Court to appoint a guardian. Petition must state alternatives to guardianship that have been attempted and failed.
- Two certified statements by a physician (or one by a physician, the other by a licensed phycologist, CRNP or LCSW-C) of the alleged disabled person’s mental impairment.
- Notice of the petition, hearing and potential loss of rights to all interested parties as listed on the petition.
- Appointment of an attorney (Court Appointed Counsel) to represent the alleged disabled person during and after the hearing.
- An in-court guardianship hearing, which can be a jury trial if the alleged disabled person requests one.
- A guardian will be appointed only if the court determines by clear and convincing evidence that the individual is incompetent.
Supported decision-making is a process where individuals with disabilities, cognitive impairments, or aging-related challenges make their own life choices with the help of trusted advisors, family members, or friends, rather than having a guardian legally appointed to decide for them.
Key Principles
- Right to Self-Determination: You retain your legal right to make your own decisions about housing, health care, finances, and daily life.
- Support Network: You choose a trusted team of helpers (such as family, friends, or professionals) to explain information, weigh options, and communicate your choices if needed.
- Alternative to Guardianship: It serves as a less restrictive alternative to full or partial legal guardianship, which strips away an individual's decision-making rights.