Top Norman, OK Guardianship of Incapacitated or Disabled Individuals Lawyers Near You
In All Legal Family Matters, You Need Someone Who Zealously Represents You and Your Interests, is Experienced, Skilled, Communicative and Provides Diligent Representation.
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2601 NW Expressway, Suite 411 W, Oklahoma City, OK 73112
Other Nearby Offices
Those confronted with Guardianship of Incapacitated or Disabled Individuals issues can connect with Stange Law Firm, PC. This practice offers legal help to clients in the Norman, Oklahoma area.
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1211 N Shartel Ave, Suite 1005, Oklahoma City, OK 73103
2201 N Classen Blvd, Oklahoma City, OK 73106
210 Park Avenue, Suite 1800, Oklahoma City, OK 73102
701 NW 13th St, Oklahoma City, OK 73103
1315 N Shartel Ave, Oklahoma City, OK 73103
1315 N. Shartel, Oklahoma City, OK 73103
1309 N Shartel Ave, Oklahoma City, OK 73103
1415 NW 43rd St., Oklahoma City, OK 73118
104 East Main Street, Norman, OK 73069
210 Park Ave, Suite 1200, Oklahoma City, OK 73102-5600
11075 N Evergreen Dr., Edmond, OK 73025
1901 N Classen Blvd, Suite 222-1, Oklahoma City, OK 73106
1225 Piedmont Rd N, Piedmont, OK 73078
6301 Waterford Blvd, Suite 320, Oklahoma City, OK 73118
5500 N Western Ave, Suite 157, Oklahoma City, OK 73118
101 Park Ave, Suite 1300, Oklahoma City, OK 73102
4216 North Portland Avenue, Suite 102, Oklahoma City, OK 73112
1900 NW Expressway, Suite 1060, Oklahoma City, OK 73118
6440 Avondale Dr., Suite 201, Nichols Hills Plaza, Nichols Hills, OK 73116
101 Park Avenue, Suite 810, Oklahoma City, OK 73107
3893 East Memorial Road, Edmond, OK 73013
128 W Hefner Rd, Oklahoma City, OK 73114
PO Box 3981, Edmond, OK 73083
600 NW 23rd St, Ste. 209, Oklahoma City, OK 73103
Norman 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 Oklahoma?
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 Norman.
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.