Top Smyrna, GA Guardianship & Conservatorship Lawyers Near You
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Our family law attorneys handle a wide range of family law legal issues for clients throughout northern Georgia.
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1230 Peachtree St NE, Suite 1900, Atlanta, GA 30309
4541 Wieuca Rd NE, Atlanta, GA 30342
750 Hammond Dr, Building 15; Suite 350, Atlanta, GA 30328
365 Northridge Rd, Suite 230, Atlanta, GA 30350
1201 W Peachtree St NW, Suite 2300, Atlanta, GA 30309
3350 Riverwood Pkwy, Suite 460, Atlanta, GA 30339
3725 Lawrenceville-Suwanee Rd, Suite A5, Suwanee, GA 30024
145 Towne Lake Pkwy, Suite 200, Woodstock, GA 30188
1000 Parkwood Circle SE, Suite 900, Atlanta, GA 30339
1170 Peachtree Street, NE, Suite 2400, Atlanta, GA 30309-7676
2900 Chamblee Tucker Road, Building 15, Atlanta, GA 30341
3490 Piedmont Rd NE, 11th Floor, Atlanta, GA 30305
5555 Glenridge Con, Suite 675, Atlanta, GA 30342
999 Peachtree St., Suite 1220, Atlanta, GA 30309
10 Lenox Pointe, Atlanta, GA 30324
707 Whitlock Ave SW, Suite G-5, Marietta, GA 30064
708 Church St, Decatur, GA 30030
199 Frasier Street, Marietta, GA 30060
2845 Henderson Mill Rd, Atlanta, GA 30341
1395 South Marietta Pkwy SE, Building 300 Suite 206, Marietta, GA 30067
2900 Paces Ferry Road, Building C, Suite 2000, Atlanta, GA 30339
6376 Spalding Dr., Norcross, GA 30092
1117 Perimeter Center West, Suite W-501, Atlanta, GA 30338
730 Peachtree St NE, Suite 570, Atlanta, GA 30308
577 E Main St, Canton, GA 30114
Smyrna Guardianship & Conservatorship Information
Lead Counsel independently verifies Guardianship & Conservatorship attorneys in Smyrna and checks their standing with Georgia bar associations.
Our Verification Process and Criteria
Ample Experience
Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.Good Standing
Be in good standing with their bar associations and maintain a clean disciplinary record.Annual Review
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Pledge to follow the highest quality client service and ethical standards.
What Is the Difference Between Guardianship and Conservatorship?
In some states and under specific contexts, guardianship and conservatorship can be used interchangeably, but there are differences.
A guardian more commonly refers to someone who is appointed to care for a child or minor. Conservators typically tend to the affairs of an elderly or an individual who a court has determined is mentally incapacitated. Also, in a guardianship, the guardian is generally responsible for making health care and overall wellness decisions for their wards. The appointed conservator makes more financial decisions in a conservatorship, often regarding an estate or other assets.
What Kind of Lawyer Handles Guardianships and Conservatorships?
Lawyers who practice family law often handle guardianships, especially if they are temporary guardianships. On the other hand, lawyers specializing in estate planning usually manage conservatorships. Given that most conservatorships include fiduciary duties and other financial considerations, it makes sense to retain the services of an experienced estate planning lawyer for conservatorships.
How Can You Cancel a Guardianship or Conservatorship?
Terminating a guardianship can be a lengthy and involved process. First, you’ll need to file the appropriate paperwork with the court, including a petition to terminate the guardianship and either a citation or notice of hearing. The citation is typically used if the subject of the guardianship is living, and the notice if the subject is deceased. You’ll also need to gather relevant documents, such as doctor’s notes, state-level guardianship documents, and in some cases, a final accounting.
Legal documents are served to the subject of the guardianship, their new guardian(s), the subject’s relevant relatives, and the subject’s attorney. These documents should be sent via certified mail with a return receipt. A court hearing will typically follow.
In a conservatorship, a conservatee can petition the court to terminate the arrangement if they can prove that they are of sound mind or their existing conservator is acting against their best interests. You can also cancel a conservatorship by natural courses such as the death of the conservatee, discharge of their estate, or by the conservator relinquishing their position.
How Can You Get a Guardianship or Conservatorship in Georgia?
Any person who requires guardianship or conservatorship can make a request. If this is the case, you’ll need a lawyer for the legal proceedings, especially if the guardianship or conservatorship is contested.
Attorneys specializing in elder law, guardianship, or estate planning can help if you need to file or defend yourself against a guardianship or conservatorship. In cases where a conservatorship is contested by one side or the other, options such as a revocable trust (or living trust, where provisions remain alterable by the granter of the trust) may also be considered. Regardless, you’ll need to be sure to file all necessary paperwork. The LawInfo directory can help you find Guardianship lawyers near you in Smyrna.
Getting a guardianship is also fairly simple if all parties agree. You’ll usually need a letter of consent from both parents and a filing fee. Interviews will likely occur between all parties, including the child, adult, or senior becoming a ward, their parents or next of kin, and the potential guardian or guardians. You might also need a criminal background check and a home inspection before the court agrees to grant guardianship.