Top Silver Spring, MD Guardianship & Conservatorship Lawyers Near You
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20 Courthouse Sq., Suite 205, Rockville, MD 20850
Getting legal representation for your Guardianship & Conservatorship issue is easier than you think. Let Abney at Law, P.C. in Silver Spring, Maryland help you today.
8720 Georgia Avenue, Suite 1010, Silver Spring, MD 20910-3602
Need help with Guardianship & Conservatorship in Maryland? Law Offices of Harry A. Suissa, P.C. helps clients in the Silver Spring area.
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4450 Mitchellville Rd, #1244, Bowie, MD 20716
16061 Comprint Circle, Gaithersburg, MD 20877-1321
100 Lexington Dr, Second Floor, Silver Spring, MD 20901
5425 Wisconsin Avenue, Suite 600, Chevy Chase, MD 20815
7850 Walker Drive, Suite 160, Greenbelt, MD 20770
7845 Belle Pointe Drive, Greenbelt, MD 20770
7209 Hanover Parkway, Suite A, Greenbelt, MD 20770
6301 Ivy Lane, Suite 700, Greenbelt, MD 20770
600 Jefferson Plaza, Suite 308, Rockville, MD 20852
20 Courthouse Square, Suite 212, Rockville, MD 20850
1 Research Ct, Suite 450, Rockville, MD 20850
50 W Montgomery Ave, Ste. 105, Rockville, MD 20850
401 N Washington St, Suite 500, Rockville, MD 20850
1100 Wayne Ave, Suite 825, Silver Spring, MD 20910
4800 Hampden Ln, Bethesda, MD 20814
6404 Ivy Lane, Suite 400, Greenbelt, MD 20770
11140 Rockville Pike, Suite 560, Rockville, MD 20852
1201 Seven Locks Road, Suite 360-7A, Potomac, MD 20854
50 Citizens Way, Suite 202, Frederick, MD 21701
7600 Wisconsin Avenue, Suite 600, Bethesda, MD 20814
111 Rockville Pike, Suite 1120, Rockville, MD 20850
33 Wood Lane, Rockville, MD 20850
5819 Allentown Road, Suitland, MD 20746
Silver Spring Guardianship & Conservatorship Information
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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 Maryland?
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 Silver Spring.
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.