My dad needs a guardian, but he won’t go to the doctor. What should I do?

In Maryland, the law requires that a person seeking guardianship of an alleged disabled person present two certificates signed by qualified health professionals, along with a petition for guardianship.  These certificates must be based upon a personal examination of the subject, and must detail the patient’s diagnoses, physical and mental conditions, cognitive function, everyday function, need for institutional care, and need for guardianship.

One of the certificates must be signed by a licensed physician, and the other can be signed by a licensed physician, licensed psychologist, licensed certified social worker-clinical, or nurse practitioner.  In addition, one of the examinations must have occurred within 21 days prior to filing the petition for guardianship.

Frequently, an alleged disabled person’s medical team will decline to fill out the certificates, fearing a HIPAA violation.  Even more frequently, the alleged disabled person will refuse to be evaluated in the first place, or a person who lives with or has control over the alleged disabled person might not permit the examination.

So, what can you do?  In appropriate circumstances, you may file a petition with a Maryland court, requesting that two health care professionals be appointed in order to complete the necessary certificates.  The court may hold a hearing and require the allegedly disabled person or the person not permitting the exam to appear and explain why the exam should not be allowed.