Top Lexington, NC Guardianship of Incapacitated or Disabled Individuals Lawyers Near You
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106 N. Elm St., Ste. 300, Greensboro, NC 27401
In the Lexington, North Carolina area, Coltrane & Overfield, PLLC can help you resolve your Guardianship of Incapacitated or Disabled Individuals issues.
420 West Market Street, Greensboro, NC 27401
If you need Guardianship of Incapacitated or Disabled Individuals help in North Carolina, contact Woodruff Family Law Group, a local practice in Lexington, for legal representation.
405 W Westwood Ave, High Point, NC 27262
Need representation for your Guardianship of Incapacitated or Disabled Individuals issues? McPherson & Mills, PLLC d/b/a Scott Law Office offers local assistance in Lexington, North Carolina.
119 N. Greene Street, Suite 100, Greensboro, NC 27401
Contact Roupas Law Firm, PLLC for experienced Guardianship of Incapacitated or Disabled Individuals guidance in Lexington, North Carolina.
230 N Elm St, Suite 1200, Greensboro, NC 27401
1 West 4th Street, Winston-Salem, NC 27101
413 S. Edgeworth St, Greensboro, NC 27401
328 N Spring St, Winston-Salem, NC 27101
437 West Friendly Ave, Suite 134, Greensboro, NC 27401
1373 Westgate Center Dr, Suite A, Winston-Salem, NC 27103
100 South Elm Street, Suite 410, Greensboro, NC 27401
1011 Kingsridge Rd, Kernersville, NC 27284
PO Box 460, Mocksville, NC 27028
1694 Westbrook Avenue, PO Box 2290, Burlington, NC 27216-2290
125 S. Elm Street, Suite 400, Greensboro, NC 27401
2990 Bethesda Pl., 601-D, Winston-Salem, NC 27103
125 S. Elm Street, Suite 501, Greensboro, NC 27401
100 S. Elm Street Suite 320, Greensboro, NC 27401
301 N. Main St, Suite 2447, Winston-Salem, NC 27101
370 Knollwood Street, Suite 601, Winston-Salem, NC 27103
101 South Elm Street, Suite 230, Greensboro, NC 27401
820 North Elm Street, High Point, NC 27262
806 Green Valley Road, Suite 203, Greensboro, NC 27408
110 John Wesley Way, Greensboro, NC 27401
4914 W Market St, Greensboro, NC 27407
Lexington 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 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 Lexington.
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.