Md. Code Regs. 07.02.16.11

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.02.16.11 - Guardianship Procedures

A. The local department shall file a petition for guardianship in the appropriate court when:

(1) A vulnerable adult who is a client of the Adult Protective Services program is in need of services but lacks sufficient understanding to make and communicate responsible decisions about his person because of mental disability, disease, habitual drunkenness, or addiction to drugs. The petition requires two statements from either two licensed physicians or one licensed physician and one licensed psychologist or licensed certified social worker-clinical, attesting to the nature, severity, and probable duration of any disability or condition.

(2) A less restrictive form of intervention is not available which is consistent with the vulnerable adult's welfare, safety, or condition.

(3) There is no known individual or agency already empowered to act as surrogate decision maker.

(4) There is no interested individual or agency who can or will serve as guardian. The local department shall make a thorough effort to locate such an individual or agency.

B. The director shall submit with any petition filed under this regulation the findings of the investigation including:

(1) An evaluation of the medical, psychiatric, and social factors that affect the individual's condition; and

(2) A description of recommended services.

C. The director shall request specific powers limited to those necessary to provide for the care and safety of the adult.

D. The local department shall make a thorough effort to locate an individual or agency who can or will serve as guardian.

E. For adults younger than 65 years old, the director of the local department of social services, upon appointment as the court-appointed guardian of the person, may delegate responsibilities of guardianship to the director's designee, staff person or persons whose names and positions have been registered with the court prior to the guardianship proceedings.

F. The local department may not request appointment of the director as guardian of property.

G. The local department shall ensure that an attorney is appointed by the court to represent the alleged disabled adult if the adult is not otherwise represented.

H. Office on Aging.

(1) When the local department of social services determines that an adult 65 years old or older is the subject of a proposed petition for guardianship, the local department shall notify the Secretary of the Department of Aging or the Secretary's designee and arrange a conference between the staff of the two agencies to give notice of the need to file for guardianship, the authority to be requested for the guardianship, a basic plan for services, and who shall file the guardianship petition.

(2) If the two agencies cannot agree, the director of the local department of social services shall:

(a) Consult with the Executive Director of the Social Services Administration or the Executive Director's designee;

(b) Initiate any action they agree is necessary to protect the interests of the adult; and

(c) Provide notice of the Executive Director's action to the State Program Manager for Adult Public Guardianship of the Department of Aging (including a copy of any petition and notice of any hearing dates).

Md. Code Regs. 07.02.16.11

Regulations .11 amended effective October 6, 1986 (13:20 Md. R. 2209)
Regulation .11 amended as an emergency provision effective October 1, 1997 (24:19 Md. R. 1334); amended permanently effective December 1, 1997 (24:24 Md. R. 1669)
Regulation .11 amended effective July 28, 2008 (35:15 Md. R. 1347)