Top Brighton, TN Guardianship of Incapacitated or Disabled Individuals Lawyers Near You
2820 Summer Oaks Drive, Bartlett, TN 38134
131 West Liberty Ave, Covington, TN 38019
9032 Stone Walk Place, Germantown, TN 38138
5050 Poplar Ave., Suite 1430, Memphis, TN 38157
5050 Poplar Avenue, Suite 1616, Memphis, TN 38157
7515 Corporate Centre Drive, Memphis, TN 38138
275 Jefferson Avenue, Memphis, TN 38103
530 Oak Court Drive, Suite 355, Memphis, TN 38117
8066 Walnut Run Rd, Ste 222, Cordova, TN 38018
5100 Poplar Ave, Suite 708, Memphis, TN 38137
1500 Munford Ave, Munford, TN 38058
25 Dr. Martin Luther King Jr. Ave, Memphis, TN 38103
1715 Aaron Brenner Dr, Suite 450, Memphis, TN 38120
5865 Ridgeway Center Pkwy, Suite 300, Memphis, TN 38120
6540 Stage Road, Bartlett, TN 38134
White Station Tower, 5050 Poplar Avenue, Suite #618, Memphis, TN 38157
5050 Poplar Avenue Suite 2441, i-Bank Tower, Memphis, TN 38157
668 Colonial Road, Suite 4, Memphis, TN 38117
780 Ridge Lake Blvd., Suite 202, Memphis, TN 38120
200 Jefferson, Suite 725, Memphis, TN 38103
114 W Liberty Ave, Suite 202, Covington, TN 38019
6000 Poplar Avenue, Suite 400, Memphis, TN 38119
6800 Poplar Avenue, Suite 208, Germantown, TN 38138
1715 Aaron Brenner Drive, Suite 300, Memphis, TN 38120
100 Peabody Place, Suite 1300, Memphis, TN 38103
Brighton 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 Tennessee?
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 Brighton.
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.