Guardianship and Conservatorship Attorney Serving the DMV
Thienel Law helps DMV families petition for and serve as guardians and conservators of incapacitated adults across Maryland, D.C., and Virginia. Free consultation.
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Guardianship and conservatorship are the court proceedings that let one person make decisions for an adult who no longer can. Thienel Law helps families across Maryland, Washington, D.C., and Virginia ask a court to appoint a guardian or conservator, and advises the people who take on that role, with the financial and tax side handled in-house.
When an adult loses the ability to manage their own care or money, someone has to step in. If that person signed a power of attorney in advance, the transition is quiet. If they did not, the only path is a court proceeding, and that is where Thienel Law comes in. Stephen Thienel is licensed in all three DMV jurisdictions and holds an LL.M. in Taxation, so the same attorney can handle the petition, appear in the right court, and manage the money questions that follow.
What are guardianship and conservatorship, and who needs them?
Guardianship and conservatorship are court-ordered arrangements for an adult a judge has found unable to manage their own affairs. A guardian handles personal decisions, including health care, housing, and daily support. A conservator handles money and property, from bank accounts and benefits to real estate. One person can serve in both roles, or two people can split them.
Families turn to these proceedings in a few recurring situations. A parent slides into dementia without ever signing a power of attorney. An adult is disabled by a stroke or an accident. A child with a significant disability turns eighteen, and a parent’s authority ends by law on that birthday. In each case, when no valid planning document already names a decision maker, a court appointment is the way someone gains legal authority to help.
What is at stake when an adult loses capacity without a plan?
When an adult can no longer make safe decisions and no power of attorney is in place, no family member has automatic authority to act. A spouse cannot sign for accounts held in the other person’s name. An adult child cannot direct medical care or pay a parent’s bills.
The gap gets worse the longer it sits. Bills go unpaid, care decisions stall, and property sits exposed. The way out is to ask a court to appoint a guardian for personal decisions or a conservator for financial ones. That case takes time, medical evidence, and a hearing, and until it is over your family is stuck. Getting it filed correctly the first time is what keeps a hard moment from becoming a longer one.
What does Thienel Law handle in a guardianship or conservatorship?
Thienel Law manages the full arc of a guardianship or conservatorship, from the first petition to the ongoing duties of the person appointed.
- Petitions to appoint a guardian of the person, who decides care, housing, and medical treatment for an incapacitated adult.
- Petitions to appoint a conservator, called a guardian of the property in Maryland, who manages the person’s money, benefits, and assets.
- Guidance on the medical certificates and evidence the court requires before it will act.
- Representation at the court hearing where the judge decides whether to appoint and who should serve.
- Advice on less restrictive options, such as a power of attorney or advance directive, when a full court case is not the right answer.
- Counsel to an appointed guardian or conservator on their duties and their obligation to answer to the court.
- In-house management of the financial and tax questions a conservatorship raises, handled by the same attorney.
What is it like to work with Steve on a guardianship?
Every engagement begins with a free 30-minute consultation. It is a fit conversation for families ready to hire an attorney: you describe what has changed for your loved one, and you and Steve decide together whether working with him makes sense. You are not paying for a strategy session, and you work directly with Stephen Thienel from there, not a rotating cast of staff.
Most of the work runs online. Secure video meetings, shared folders, and electronic signatures let you handle the paperwork from home while a parent’s situation is still raw. Guardianship and conservatorship are court proceedings, so a hearing is part of the process, and Steve appears in the court that hears your matter where the case requires it.
How do guardianship rules differ in Maryland, D.C., and Virginia?
The three jurisdictions share the same goal but use different words and different courts, which matters when a family lives in one and a parent in another.
Virginia and D.C. use two terms. A guardian handles personal affairs and a conservator handles the estate, and the case is filed in the circuit court in Virginia or the Superior Court of the District of Columbia. Maryland uses one word for both roles. It appoints a guardian of the person and a guardian of the property, and it does not use the term conservator at all.
Maryland also sets a demanding standard for taking over an adult’s personal decisions. A court may appoint a guardian of the person only on clear and convincing evidence, and only when no less restrictive option protects the person, backed by certificates from two qualified health professionals. Because Stephen Thienel is licensed in Maryland, D.C., and Virginia, one attorney can file and appear wherever your family’s matter belongs.
Where does guardianship fit alongside elder law and planning?
Guardianship is one tool in a larger elder law picture, and often the one families reach for because earlier planning was never done.
What clients say about working with Steve
I have worked with Steve Thienel for more than 20 years now and the experience has been amazing. Steve and his team are very thorough, they review all sides of a situation, and are very measured in how they approach a solution. They are 100% client focused and a pleasure to work with!
Throughout years, Steve has been my go to guy for business, real estate, and legal work. Steve works fast and is highly reliable. I would recommend Steve to anyone.
Received expert advice including options when applicable. Filings were timely and I was kept informed each step of the way. First class service!!!
I have been receiving services from Mr. Thienel for over 15 years. I have found his legal services to be of exceptionally high value and quality. His services are always timely, professional and thorough!
Reviews are published as given. Thienel Law does not offer compensation for reviews.
Frequently asked questions
What is the difference between guardianship and conservatorship?
Guardianship covers personal decisions for an adult who cannot make them, such as health care, housing, and daily support. Conservatorship covers money and property, including accounts, benefits, and real estate. Virginia and D.C. use both terms, while Maryland calls both roles a guardianship: a guardian of the person and a guardian of the property.
When does a family need to petition for guardianship of an adult?
A family needs to petition when an adult can no longer make or communicate safe decisions about care or finances and has no valid power of attorney or advance directive in place. Without those documents, no relative has automatic authority, so a court must appoint someone. The petition asks the court to name a guardian, a conservator, or both.
Can you avoid guardianship?
Often yes. A durable power of attorney and an advance healthcare directive, signed while a person still has capacity, let a chosen agent act without a court case. Guardianship is generally a last resort for situations where those documents were never put in place. Thienel Law can prepare that planning before a crisis or handle the court proceeding after one.
Does the person subject to a guardianship have rights in the process?
Yes. In Maryland, a court may appoint a guardian of the person only on clear and convincing evidence supported by medical certificates, the adult is entitled to a court-appointed attorney if they do not have one, and they can attend the hearing and present evidence. The process is built to protect the person, not to move quickly.
Can one attorney handle a guardianship if my parent lives in a different DMV state than I do?
Yes. Stephen Thienel is licensed in Maryland, Washington, D.C., and Virginia, so one attorney can file and appear in whichever jurisdiction hears the matter. That avoids hiring separate lawyers when a family is split across state lines, which is common across the DMV.
Ready to sort out guardianship or conservatorship across the DMV?
Stephen Thienel helps DMV families petition for guardianship and conservatorship and guides the people appointed to serve, with the financial side handled by the same attorney. If you are ready to hire an elder law attorney, schedule a free 30-minute consultation and see whether the fit is right.
- Tell Steve about your matter
- Pick a time that works