Addiction not only impacts the person suffering from the addiction but the entire family. Unfortunately, in Maryland the statistics involving drug use and death due to overdose are getting worse not better. The pandemic has been a difficult time for everyone, but it has disproportionately impacted those who use drugs and alcohol habitually.
According to recent reports from the Vital Statistics Administration of the Maryland Department of Health, there were 682 unintentional intoxication deaths involving all types of drugs and alcohol in Maryland in the first calendar quarter of 2021. This is a 5.7 percent increase from 2020. Opioids were involved in 89.7 percent of the total fatal overdoses reported in Maryland so far in 2021.
If you have a loved one suffering from addiction, you may wonder if there are legal avenues to pursue that could help. While some states have laws that allow a family member or guardian to pursue involuntary rehabilitation, Maryland’s current laws do not. Even if the addict is near death, you cannot force him or her into rehab without consent.
But all hope is not lost. You may not be able to force rehab, but if you seek temporary guardianship it may open some doors to other programs, medical assistance or psychological treatment. Many who suffer from addiction also have an underlying mental illness. This is known as ‘dual diagnosis’. Obtaining guardianship allows you to get a psychological evaluation and have access to the results and information the mental health provider can provide.
Obtaining Temporary Guardianship in Maryland
A Maryland judge can appoint a temporary legal guardian if clear and convincing evidence shows that the disabled person suffering from habitual drunkenness, or addition to drugs, does not have sufficient understanding or the capacity to make or communicate decisions that would serve his or her best interests. If you file a petition seeking temporary guardianship, you, as the petitioner, must provide this necessary evidence as well as certification of incapacity from either two licensed physicians or one licensed physician and either a licensed psychologist or certified social worker.
If the judge determines the evidence to be sufficient, the court will then determine who should serve as the person’s guardian. The order of priority provided by statute is to first look to the spouse, parents or adult children, heirs at law and then any other individual with a vested interest in the addict’s welfare. Once the court appoints a temporary guardian, the guardian can begin making medical decisions on behalf of the addict, now called the ward. Often these guardianships are for a very limited amount of time, just to give the guardian enough time to make life-saving measures but not allowing for any type of overreach of power over the ward.
The goal is to help the addict get through the withdrawal process successfully and get to a point where he or she is able to make clear-headed decisions. Unfortunately, the pattern may repeat itself if the addict does not make decisions that lead to lasting change. Guardians should attempt to find the person appropriate housing away from other addicts and people that could pull the addict back into the spiral of drug use. Guardians can also help find employment and help the person take steps towards independence and self-sufficiency.
If you need to speak to an attorney about petitioning for temporary guardianship of a loved one suffering from addiction, contact the compassionate attorneys at Stouffer Legal in the Greater Baltimore area. You can schedule an appointment by calling us at (443) 470-3599, emailing us at office@stoufferlegal.com, or register for an upcoming free webinar using the link below:
https://attendee.gotowebinar.com/register/4836433208673139213
https://attendee.gotowebinar.com/register/4627563383277095695
https://attendee.gotowebinar.com/register/5249831989016903951
