SoMD Estate Planning

Estate Planning Attorneys in Southern Maryland

guardianship

Guardianship in Maryland: What Happens When No One Plans Ahead

When an adult becomes incapacitated without advance planning, or when minor children lose their parents without a will naming a guardian, the Maryland court system steps in through the guardianship process. Understanding how this works — and why you want to avoid it — is critical motivation for getting your estate plan in order.

How Court-Appointed Guardianship Works

In Maryland, guardianship proceedings begin when someone files a petition with the circuit court. The court investigates, may appoint an attorney for the alleged disabled person, holds hearings, and ultimately decides whether to appoint a guardian — and who that guardian will be. The process is expensive, can cost thousands of dollars, takes weeks or months, becomes part of the public record, and the outcome may not reflect what you or your loved one would have wanted. An advance directive and power of attorney prevent this entirely.

At SoMD Estate Planning, we provide personalized guidance tailored to your specific situation. Contact us for a free consultation.

Estate Planning for Parents of Young Children: What You Cannot Afford to Skip

Becoming a parent changes everything — including your legal responsibilities. Yet many parents of young children in Southern Maryland have not taken the critical step of creating an estate plan. If something happened to you, who would raise your children? Without a plan, a court decides.

Naming a Guardian: The Most Important Decision

A will is the only legal way to name a guardian for your minor children. Without one, a Maryland court appoints someone — potentially not who you would have chosen. When choosing a guardian, consider who shares your values and parenting philosophy, and have a conversation with them before finalizing your plan.

Protecting Your Children Financially

Leaving money directly to a minor is not possible under the law. Setting up a trust within your estate plan allows you to name a responsible trustee, set conditions for distributions, and protect funds from being mismanaged. Life insurance is typically the cornerstone of financial protection for young families — term life is affordable and provides the safety net your children need.

Medical Directives Are Not Just for Seniors

An advance medical directive ensures your spouse or a trusted person can make healthcare decisions on your behalf without going to court. This is critical for young parents who may not have considered incapacity planning.

Start Protecting Your Family Today

Life with young children is busy — that is why SoMD Estate Planning uses technology to make the process faster, including remote consultations and digital document preparation. Contact us today for a free consultation tailored to families with young children.