Recent amendments to the Maryland Rules of Procedure, effective from the start of this year, aim to enhance protections for individuals under guardianship. These changes address several aspects, including clarifying attorneys' roles for those potentially needing a guardian, improving court oversight of individuals and property under guardianship, and safeguarding the privacy of those involved.
Guardians are appointed by courts to make decisions on behalf of individuals unable to do so due to age, illness, or disability. Chief Judge Mary Ellen Barbera of the Maryland Court of Appeals stated, "The Judiciary is committed to safeguarding the rights of the most vulnerable Marylanders whose matters bring them before our courts." She emphasized that these procedural refinements are intended to protect both the safety and assets of people under guardianship while ensuring attorneys meet their ethical responsibilities.
These rule changes were part of the 201st report by the Standing Committee on Rules of Practice and Procedure and received unanimous approval from the Maryland Court of Appeals. They officially took effect on January 1.
Recommendations for these changes came from the Guardianship and Vulnerable Adults Work Group within the Maryland Judicial Council’s Domestic Law Committee. The group has been focused on strengthening safeguards for those under guardianship, expanding mediation use in such cases, promoting best practices in case management, enhancing court processes, and developing new resources for guardians.
Judge Karen Murphy Jensen (Ret.), chairing this work group, noted that "these latest changes improve how guardians report to the court on the well-being of persons and assets under guardianship." She highlighted that sensitive information in guardianship records would now have restricted public access to prevent exploitation or further privacy loss.
Further information about Maryland guardianships can be found on a dedicated webpage provided by the Maryland Judiciary. This resource includes orientation and training programs for guardians along with various forms available at: http://www.mdcourts.gov/family/guardianship/courtappointedguardians.html.