Ria P. Rochvarg represents clients • Guardianship Law • Family Mediation Services • Administrative Law • Estate Planning "I used the legal services of Ria Rochvarg in a guardianship matter dealing with an elderly family friend. She provided excellent representation. She is extremely knowledgeable in guardianship matters and handled the matter promptly. Ms. Rochvarg was always available to answer questions and to explain the process. The guardianship case went smoothly and was resolved without any problems. I would not hesitate to refer other guardianship cases to her." - Tom Green, Esq., Washington, DC
- Stanley Wood, Columbia, MD
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Adult guardianship is a legal procedure in which a court determines whether a person has a mental disability that interferes with his/her ability to make responsible decisions regarding his/her person and/or property. Maryland law requires adherence to detailed procedures to protect an individual’s due process rights. In all instances, a petition must be filed with the Circuit Court in the county where the alleged disabled person resides, is hospitalized, or is located. The petition should state all reasons for the appointment of a guardian, and whether the request is for guardianship of the person, property, or both. Quite often, guardianships of person and property are sought in the same petition. Although guardianship proceedings can be handled without an attorney, the procedure is often complicated. Hiring an attorney to represent the petitioner can ultimately save time and expense while ensuring a result that is in the best interest of the individual. The Firm’s primary practice area is adult guardianship law. The Firm represents individuals and health care facilities who seek to have a guardian appointed for an adult. Additionally, the Firm represents adults under guardianship who are seeking to terminate the guardianship. The Firm has also been appointed as guardian of the property by the courts. Guardianship Law – MinorsThere are several situations where it might be necessary to file for a guardianship of a minor child. First, when parents of minor children are temporarily incapable of caring for their children, it might be necessary to ask a family member to become the minor children’s legal guardian. In order to accomplish this, a petition must be filed with the Circuit Court or Orphan’s court in the county where the minor children reside. Second, if a minor child inherits money or receives a monetary award from a settlement, parents need to petition the court to become the guardian of the minor’s property. The Firm has extensive experience representing parents, grandparents, and children in cases involving guardianship of a minor child. Family Mediation ServicesFamily mediation is an alternative method of dispute resolution available to parties facing separation, divorce or custody issues. The traditional method of dispute resolution has been litigation where the separating or divorcing parties are adversaries, and a judge or magistrate resolves any disputes. Mediation is different because the parties work together to decide between themselves what is best for them and their children. The mediator is not a judge, but helps the parties decide on their own how to resolve their differences. Through mediation, the parties are directly involved in making decisions relating to themselves and their children, unlike when parties take the case to court. By using mediation, the parties can work through their problems without being bound by rules of the court. This allows more freedom to satisfy everyone concerned. The parties may also be more inclined to abide by an agreement that they have reached together, rather than terms which have been imposed upon them by the court. Since 2001, Ria has been a mediator where she acts as a neutral, third party facilitator assisting couples in resolving their disputes. This cost saving alternative to dispute resolution enables clients to resolve legal problems through an efficient, mutually agreeable, out-of-court process. Administrative LawMatters before the Maryland Office of Administrative Hearings can be difficult to maneuver pro se, especially when someone is facing involuntary commitment to a hospital or forced medication once hospitalized. An attorney can help navigate the many rules of procedure and evidence to ensure that the hearing is fair and that rights are protected. The Firm has represented many clients before the Office of Administrative Hearings as well as on judicial review to the circuit courts and on appeals to the Court of Special Appeals in matters involving involuntary commitment, forced medication, and child protective services. Estate PlanningA Last Will and Testament is not the only document you should have prepared. A Will directs what happens to your assets when you die, but it is also important to execute an advance directive and power of attorney. Planning for the worst is the best way to protect you and your family should you become disabled. An advance directive ensures your wishes are recorded, and that the person you want making decisions for you is in control should you be unable to make your own healthcare decisions yourself. A power of attorney document nominates a person to be able to take control of your finances, either immediately or once you are disabled, which could save your family money and from the stress of a guardianship proceeding.
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