Top Olathe, KS Guardianship of Incapacitated or Disabled Individuals Lawyers Near You
Experienced and Dedicated Lawyers Helping Individuals and Families with Divorce, Custody, Paternity, Family Law, Modification.
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Your Kansas City Criminal and Family Law Attorneys
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Hartley Law Group Is Dedicated to Providing Clients with Personal Legal Services Tailored to Their Individual Needs in Northeast Kansas.
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7300 W 110th St, Suite 560, Overland Park, KS 66210
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Need help with Guardianship of Incapacitated or Disabled Individuals in Kansas? Stange Law Firm, PC helps clients in the Olathe area.
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5301 W 75th St, Suite 100, Prairie Village, KS 66208
When you need Guardianship of Incapacitated or Disabled Individuals help in Olathe, contact Haynes Law Firm LLC, an established Kansas law firm.
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12616 W. 62nd Terrace, Suite 116A, Shawnee, KS 66216
8645 College Blvd, Suite 250, Overland Park, KS 66210
9393 West 110th Street, 51 Corporate Woods Suite 300, Overland Park, KS 66210
8600 W 110th St, Suite 210, Overland Park, KS 66210
8001 Conser, Overland Park, KS 66204
7300 W 110th St, Ste 150, Overland Park, KS 66210
8000 Foster Street, Overland Park, KS 66204
11111 Nall Ave., Suite 220, Leawood, KS 66211
5251 West 116th PL, Suite 200, Leawood, KS 66211-2011
9225 Indian Creek Parkway, Ste 1070, Overland Park, KS 66210
10985 Cody St, Suite 130, Overland Park, KS 66210
4707 College Blvd., Suite 208, Leawood, KS 66211
PO Box 8064, Prairie Village, KS 66208
7285 W 132nd St, Suite 180, Overland Park, KS 66213
212 East Main St., PO Box 547, Gardner, KS 66030
7225 Renner Road, Suite 200, Shawnee, KS 66217
9393 W. 110th Street, Suite 200, Overland Park, KS 66210
11903 W 119th St, Overland Park, KS 66213
302 Shawnee Street, Leavenworth, KS 66048
132 Oak Street, Bonner Springs, KS 66012
11020 King St, Suite 300, Overland Park, KS 66210
11000 King Street, Overland Park, KS 66210
10111 West 87th Street, Overland Park, KS 66212
Olathe 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 Kansas?
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 Olathe.
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.