Top Bountiful, UT Guardianship & Conservatorship Lawyers Near You
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11576 S State St, Ste 103A, Draper, UT 84020
60 E S Temple St, Suite 1200, Salt Lake City, UT 84111
2568 Washington Boulevard, Legal Arts Building, Suite 200, Ogden, UT 84401
299 S Main St, Suite 1300, Salt Lake City, UT 84111
357 S 200 E, Suite 103, Salt Lake City, UT 84111
9087 West 2700 South, Suite 9, Magna, UT 84044
7390 S Creek Road, Suite 104, Sandy, UT 84093
6965 Union Park Center Drive, Suite 450, Cottonwood Heights, UT 84047
291 N Race St, Grantsville, UT 84029
2573 N 2450 E, Layton, UT 84040
310 S Main St, Suite 300, Salt Lake City, UT 84101
111 South Main Street, Suite 2400, Salt Lake City, UT 84111
261 E 300 S, Suite 300, Salt Lake City, UT 84111
8 E 300 S #550, Salt Lake City, UT 84111
68 S. Main Street, 7th Floor, Salt Lake City, UT 84101
224 North 1000 East, Brigham City, UT 84302
4400 South 1500 East, Salt Lake City, UT 84124
136 E South Temple, Suite 1500, Salt Lake City, UT 84111
8 E Broadway, Suite 740, Salt Lake City, UT 84111
2666 South 2000 East, Suite 101, Salt Lake City, UT 84109
881 Baxter Drive, South Jordan, UT 84095
480 East 400 South, Suite 201, Salt Lake City, UT 84111
2828 W 4700 S, Suite C, Salt Lake City, UT 84118
1596 South 500 W, Suite 101, Woods Cross, UT 84010
222 S Main St, Suite 1730, Salt Lake City, UT 84101
Bountiful 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 Utah?
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 Bountiful.
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.