Top Vale, NC Guardianship & Conservatorship Lawyers Near You
2412 Arty Avenue, Charlotte, NC 28208
101 North Tryon Street, Suite 1300, Charlotte, NC 28246
10150 Mallard Creed Road, Building 3, Suite 105, Charlotte, NC 28262
525 N Tryon St, Suite 210, Charlotte, NC 28202
300 E. Kingston Ave., Suite 200, Charlotte, NC 28203
5821 Fairview Road, Park View Bldg., Suite 405, Charlotte, NC 28209
525 North Tryon St, 16th Floor, Charlotte, NC 28202
201 W. Main St., Lincolnton, NC 28092
One Wells Fargo Center, Suite 3500, 301 South College Street, Charlotte, NC 28202
101 South Tryon Street, Suite 2610, Charlotte, NC 28282
301 S. McDowell St, Ste 406, Charlotte, NC 28204
1018 East Blvd, Suite 8, Charlotte, NC 28203
2300 E. 7th St., Suite 100, Charlotte, NC 28204
301 S. McDowell Street, Suite 1000, Charlotte, NC 28204
135 Perrin Pl, Suite 200, Charlotte, NC 28207
5806 Monroe Road, Suite 102, Charlotte, NC 28212
212 W 2nd Ave, Suite B, Gastonia, NC 28052
9605 Caldwell Commons Cir, Suite A, Cornelius, NC 28031
218-A East Tremont Avenue, Charlotte, NC 28203
Bank of America Corp. Center, 100 N. Tryon St., Ste. 4000, Charlotte, NC 28202
114 Morlake Drive, Suite 203, Mooresville, NC 28117
3430 Toringdon Way, Suite 101, Charlotte, NC 28277
Carillon Building, 227 West Trade St., Suite 600, Charlotte, NC 28202
5950 Fairview Road, Suite 700, Charlotte, NC 28210
529 W Summit Ave, Suite 3C, Charlotte, NC 28203
Vale Guardianship & Conservatorship Information
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Our Verification Process and Criteria
Ample Experience
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Be in good standing with their bar associations and maintain a clean disciplinary record.Annual Review
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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 North Carolina?
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 Vale.
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.