In Maryland, an interested person can file a petition with the circuit court to be appointed a guardian for an alleged disabled person. A guardianship petition is filed with the circuit court where the alleged disabled person resides. The petition must provide to the court 1) a description of the disability; 2) how said disability affects that person’s ability to function; and 3) why the interested person should be appointed as their guardian. It is imperative that the petition is very detailed and contains specific facts so that the burden of proof is met. If the petitioner is also seeking to be appointed as the guardian of property, then they also must contain a description of the alleged disabled person’s assets and current values of those assets. The petition must also include two (2) certificates of incapacity from health care professionals who have examined the alleged disabled person and can certify that the alleged disabled person is, in fact, disabled and needs a guardian.

Once the petition is filed, the court will issue a Show Cause Order requiring the alleged disabled person and all interested persons to respond to the petition. The court will also appoint an attorney for the alleged disabled person to represent their interests if they do not already have an attorney of their own choosing. The court will then have a hearing to hear the case, hear from witnesses, and examine the evidence presented. After reviewing all the testimony and evidence, the court will then decide on whether a guardian of person and/or property should be appointed.

Adult guardianship cases are complex and can be overwhelming for many people. If you or your loved one have questions about the process, please call us at (443) 741-2567 and we would be happy to assist you.

Surrogacy is a special event in people’s lives and important legal considerations must be taken into account. A gestational surrogacy agreement is a legal document that specifically sets out all the expectations and responsibilities between the surrogate and intended parent(s). The agreement is voluntary and consensual with everyone working together towards the goal. A gestational surrogacy agreement will cover the following issues:

• Expenses. The agreement should specifically detail all of the expenses that the intended parents are responsible for. The surrogate should not be responsible for any fees or expenses as they are the intended parents’ responsibility. The agreement should also specifically state how the surrogate will receive any fees/expenses.

• The Birth of the Child. The agreement should cover whether the intended parents will attend the child’s birth, naming the child, dealing with the birth certificate, and legal and physical custody of the child.

• The Pregnancy. The agreement should cover attending medical appointments, what happens in the event it becomes a high-pregnancy, termination, selective reduction, etc.

• Medical History and Personal Information. The agreement should cover providing personal medical history, undergoing necessary medical screenings, etc.

• Other Stipulations. Each agreement is unique and other considerations should be included in the agreement as appropriate.

Drafting a gestational surrogacy agreement is in everyone’s interest. An experienced attorney can assist you in making sure that all the terms are clear so that everyone can move forward with confidence and peace of mind. Call us at (443) 741-2567 and we would be happy to meet with you to discuss your case.

If you are going through a complex family law case, you may be surprised to learn that the use of an expert witness may be necessary at trial. The use of an expert witness may be of extreme importance in highly contested child custody cases, alimony cases, and/or marital property division matters (which include business valuation cases). An expert witness can help you prove the facts of your case.

You may be asking how does the court decide if an expert witness’s testimony is admissible or inadmissible? The trial judge has to assess whether that expert witness’s scientific testimony is based on scientifically valid reasoning that can properly be applied to the facts at issue. This standard comes from the seminal case, Daubert v. Merrell Dow Pharmaceuticals Inc. 509 U.S. 579 (1993). Under the Daubert standard, the factors that may be considered in determining whether the methodology is valid are: 

1. Whether the theory or technique in question can be and has been tested;

2. Whether it has been subjected to peer review and publication;

3. Its known or potential error rate;

4. The existence and maintenance of standards controlling its operation; and

5. Whether it has attracted widespread acceptance within a relevant scientific community.

An expert’s opinion will be inadmissible if their testimony is not a result of reliable methods based on the above-listed criteria. It is your burden to prove that the expert’s testimony is not junk science and should be heard as substantive testimony. Due to the complexity of these matters, it is imperative that you have an experienced attorney who can handle your case. Ms. Kurtom is experienced in handling cases involving either the use of expert witness or disqualifying them for their failure to meet the above criteria. Give us a call today at (443) 741-2567 and we would be happy to discuss your case with you.