Attorney and Client Guardianship Tools 
Two major efforts have been underway recently in the guardianship area, and several new (and free) tools are available to assist attorneys in conversations with their clients.

Handling Funds:

  • Avoiding Mismanagement of Funds
Many individuals are not well prepared to take over the various responsibilities of guardianship particularly around property and asset issues. As you know, the Maryland Rules were changed in early 2018 in several guardianship areas ( see here for details ). One of the changes required orientation and training for how to be a guardian.

Other resources are also available to help guide guardians in their fiscal duties. The Consumer Financial Protection Bureau (CFPB) has published Managing Someone Else’s Money guides for individuals named as court-appointed guardians, as well as individuals named as government fiduciaries, power of attorney or a trustee. The guides are free and can be ordered in bulk. On the same page, you can also find a short five minute video for financial caregivers about the roles and responsibilities of serving as a fiduciary.

  • Financial Exploitation
The National Center for State Courts has developed eight Background Briefs on Financial Exploitation by Conservators. Despite the financial and psychological impact of conservator exploitation on victims and their families, there is little information on its extent and consequences. These briefs assess the scope of such exploitation and explore its impact on victims. The briefs include an analysis about identifying exploitation through the courts and third party stakeholders, innovative programs, how to support victims and resources. The briefs can be found here .


Is A Guardianship Proceeding the Right Action?

The American Bar Association and others have begun to draw more attention to utilizing guardianship proceedings as a last resort. The ABA and advocates are encouraging attorneys to consider alternatives including Supportive Decision Making ( see MVLS Supportive Decision Making update ) . As a result, the ABA has produced a guide for guardians to enhance the individual’s self-determination, and to determine if a modification of the guardianship or a restoration of the individual’s right might be an option. The ABA’s PRACTICAL Tool aims to help lawyers avoid guardianship for their clients, if possible, by identifying and implementing decision-making options for persons with disabilities that are less restrictive than guardianship. The free tool is available here .
UPCOMING MVLS TRAINING

Feb. 7 | 9 am - 12:30 pm | 201 N. Charles St., 3rd Floor

This section, presented by Olivia Holcombe-Volke of Elville & Associates, will cover planning for incapacity and the avoidance of guardianship, as well as detailing the important estate planning documents and utilization of various tools to avoid probate, including deed issues.


Feb. 7 | 1 - 5 pm | 201 N. Charles St., 3rd Floor

This section, presented by K. Alice Young of Nusinov Smith LLP, will walk through the process of dealing with administering estates including determining probate and non-probate assets, identifying interested persons, differentiating between small and regular estates, addressing claims against the estate, distribution, and the various required forms.

We’re taking our event off the courts and into the brewery! Due to construction at M&T Bank Stadium, MVLS had to bench our “March Madness” Themed Benefit this year.

MVLS is proud to partner with  Union Craft Brewery  and local restaurants to support access to pro bono legal services for Marylanders across the state at  A Taste for Pro Bono .

A Taste for Pro Bono  will feature local restaurants serving signature dishes, craft beer from Union Craft Brewery, behind-the-scenes brewery tours, and an opportunity to make meaningful connections! 
Maryland Volunteer Lawyers Service | 201 N. Charles Street, Suite 1400 Baltimore, MD 21201    
410 539-6800 | 443 451-4081 | info@mvlslaw.org | www.mvlslaw.org