2021 Judicial Conference Program

COVID-19 affected the work group’s activities during the reporting period. In addition to necessitating the cancellation of events, unique issues emerged. With nursing homes and other facilitates restricting visitation and limitations on community-based supports, older adults and people with disabilities became more vulnerable and isolated. When the courts restricted courts operations, courts, external justice partners, and litigants needed guidance around what guardianship matters required emergency or expedited treatment. Guardians were unsure of their obligations during court closures and faced new challenges. For example, if a person under guardianship lives in a nursing home or other facility, it became more difficult to visit and monitor that person’s care. Courts also began seeing petitions for guardianships of adults filed with certificates of incapacity based on remote examinations or evaluations by health care providers. There is no law or rule that prohibits remote capacity assessments, but the practice raised concerns about their implications in guardianship cases. To monitor and respond to COVID-19 challenges, Judge Jensen hosted regular meetings with guardianship judges. Work group staff also met with guardianship liaisons and court staff throughout the pandemic. Judge Jensen, Judge Woodward, and work group member Hon. Cynthia Callahan, helped developed resources including quick guides for judges on handling guardianship matters during COVID, including monitoring guardians of the person and property and comprehensive guidance on handling requests for expedited hearings in connection with medical treatment. These documents are available on CourtNet. The judges and work group members also helped draft the public documents, Statement from the Maryland Judiciary Concerning Guardianships of Adults and Minors and The Maryland Judiciary’s Guidance for Court-Appointed Guardians of the Person and Property. Hon. Matthew Maciarello, a member of the work group, convened a group of judges, attorneys, health care providers, a disability rights advocate, and public agency staff to examine the issue of remote capacity assessments. That group advocated for changes to the certificate of incapacity forms so that it is clear when an assessment is performed remotely. They will next focus on developing guidance around these issues to be incorporated in the Judiciary’s training programs for judges and guardianship attorneys. The ABA Commission on Law and Aging and the Consumer Financial Protection Bureau’s Office for Older Americans have been tracking the work group’s COVID-19 efforts. They are particularly interested in the efforts around remote capacity assessments, how Maryland’s courts have handled remote guardianship hearings, and Maryland’s resources for public guardians. Other work group accomplishments and highlights during the reporting period include: • Resources for guardians The publication, Handbook for Guardians of Minors, is now available on the Maryland Guardianship webpage. The handbook serves as a guide for new guardians and includes guidance on how to make decisions, the court’s expectations, and how to find resources. The guardianship webpage now also features guardianship language portals and a reformatted guardianship forms index that has 50 forms translated in five languages. The work group also began outlining a video series on alternatives to guardianship. • Guardianship court staff calls Work group staff continued to host monthly conference calls/web meetings with guardianship liaisons and court staff from across the state. The group shares ideas, troubleshoots problems, and assists in the development of forms and other resources. • WINGS activities Staff participated in the ABA Commission on Law and Aging’s bimonthly WINGS Coordinators calls. Topics discussed included coordination between the Social Security Administration’s Representative Payee programs and guardianship courts, monitoring the impact of COVID-19, and guardianship mediation. • Presentations and other activities During the reporting period, Judge Jensen and staff presented at events hosted by the Maryland Departments of Aging and Human Services, the Mid-Atlantic Association for Court Management, Maryland Legal Aid Bureau, and Maryland State Bar Association (MSBA). They also continued to provide technical assistance to judges, court staff, and external justice partners. Staff served on Disability Rights Maryland’s Cross-Disability Supported Decision-Making Coalition and monitored the MSBA’s Guardianship Task Force.

| 61 |