Top Washington, DC Guardianship of Incapacitated or Disabled Individuals Lawyers Near You
1909 K Street NW, Suite 500, Washington, DC 20006
2001 L St NW, Washington, DC 20036
1155 F St NW, Suite 1200, Washington, DC 20004
505 9th St NW, Suite 700, Washington, DC 20004
600 New Hampshire Ave., NW, Suite 700, Washington, DC 20037-1931
1629 K St NW, Suite 300, Washington, DC 20006
799 9th St NW, Suite 500, Washington, DC 20001
1875 Connecticut Ave NW, Suite 1110, Washington, DC 20009
1500 K St NW, Suite 1100, Washington, DC 20005
2020 K St NW, Suite 500, Washington, DC 20006
2050 M St NW, Washington, DC 20036
1500 K St NW, Suite 330, Washington, DC 20005
1801 Pennsylvania Ave NW, Suite 1000, Washington, DC 20006
1825 Eye Street, NW, Suite 900, Washington, DC 20006
1200 18th St NW, Suite 700, Washington, DC 20036
1440 New York Ave NW, Suite 200, Washington, DC 20005
2001 K St NW, Suite 400 South, Washington, DC 20006
2112 Pennsylvania Avenue NW, Ste 640, Washington, DC 20037
101 Constitution Ave NW, Washington, DC 20001
1050 Connecticut Ave NW, Suite 1100, Washington, DC 20036
818 Connecticut Avenue NW, Suite 315, Washington, DC 20006
1850 M Street NW, Suite 840, Washington, DC 20036
1700 New York Ave NW, Suite 700, Washington, DC 20006
1211 Connecticut Avenue NW, Suite 300, Washington, DC 20036
1615 L St NW, Suite 1350, Washington, DC 20036
Washington Guardianship of Incapacitated or Disabled Individuals 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 District of Columbia?
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 Washington.
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.