Guardianship & Conservatorship Lawyers | Brookhaven Office
117 S Railroad Avenue, PO Box 205, Brookhaven, MS 39601
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If so, you may have questions on how you can safeguard the best interests of the person you will be helping in matters of health and finance. Consult with a Brookhaven guardianship and conservatorship attorney who can answer all your questions regarding being a guardian or conservator for your loved one.
A guardian is a family member, close friend, or other responsible adult who the court appoints to take care of a minor child (the ward) or incompetent adult and manage hat person’s affairs. A conservator also can be a family member, close friend, or other responsible adult who is appointed by a judge to manage the financial affairs and daily life of a person (the conservatee) who is unable to care for him or herself because of illness, old age, or other infirmity.
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 Brookhaven.
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.
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.
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.
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.
Specialized legal help is available for most legal issues. Each case is unique; seeking legal help is a smart first step toward understanding your legal situation and seeking the best path toward resolution for your case. An experienced lawyer understands the local laws surrounding your case and what your best legal options might be. More importantly, there are certain situations and circumstances – such as being charged with a crime – where you should always seek experienced legal help.
Prepare for your consultation by writing down notes of your understanding of the case, jot down questions and concerns for the attorney, and gather your documents. Remember that you are trying to get a sense of whether the attorney has your trust and can help you address your legal issues. Questions should include how the attorney intends to resolve your issue, how many years he/she has been practicing law and specifically practicing in your area, as well as how many cases similar to yours the attorney has handled. It can also be helpful to broach the subject of fees so that you understand the likely cost and structure of your representation by a specific attorney and/or legal team.
The more experienced a lawyer is in legal practice, the more likely he/she will be able to bring about a successful resolution to your issue. Since experience matters, lawyers who’ve been practicing law for many years (with a successful track record) tend to be in high demand. You should look for information about a lawyer’s experience and ask questions during the initial meeting. It’s a very good idea to ask the lawyer how many years he/she has been practicing law and the expected outcome of your case.
Personal jurisdiction – Requirement that a particular court have authority over a person, in order to bind that person to the judgment of the court, based on minimum contacts. International Shoe Co v. Washington is a landmark Supreme Court case outlining the scope of a state court’s reach in personal jurisdiction.