Maryland Senate Bill SB694

Maryland 2022 Regular Session

• Introduced: 2/4/22
• Refer: 2/4/22
• Report Pass: 3/10/22
• Engrossed: 3/15/22
• Refer: 3/16/22
• Report Pass: 4/9/22
• Enrolled: 4/11/22
• Chaptered: 5/29/22

Caption

Estates and Trusts - Guardianship of the Property of Disabled Persons - Court-Appointed Attorneys

Impact

The legislation seeks to amend existing statutes in Maryland’s Estates and Trusts Code, aiming to bolster the legal rights of disabled persons by ensuring they have access to representation in court. This change is intended to reduce barriers to guardianship appointments, thereby enhancing the welfare and protection of individuals who are unable to manage their property due to disabilities. By having the state cover attorney fees, the bill alleviates some of the financial burdens on vulnerable populations within the legal system.

Summary

Senate Bill 694 addresses the guardianship of property for disabled persons by ensuring that individuals who are alleged to be disabled and are indigent will have their attorney's fees paid by the state. The bill mandates the court to appoint an attorney if the alleged disabled person does not choose their own counsel, specifically under circumstances where the person cannot afford legal representation. This is aimed at providing adequate legal support during the proceedings related to guardianship.

Sentiment

The sentiment surrounding SB 694 appears to be positive, particularly from advocates for disability rights who see this as a significant step towards ensuring justice and proper representation for those who cannot afford legal help. The support for the bill showcases a societal commitment to protecting the rights of disabled individuals and recognizing the importance of legal support in decisions that impact their lives.

Contention

While the bill seemed to garner broad support, there may be underlying concerns regarding the potential implications for the courts and their resources. Some may argue that a significant increase in court-appointed cases could overwhelm existing legal aid services or that the appointments need to be carefully managed to ensure that the attorneys contracted with the Department of Human Services are capable and effective in representing the interests of the alleged disabled persons.