Top Pigeon Forge, TN Guardianship of Incapacitated or Disabled Individuals Lawyers Near You
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108 Sherway Rd, Knoxville, TN 37922
In the Pigeon Forge, Tennessee area, Parker and LaDuke can help you resolve your Guardianship of Incapacitated or Disabled Individuals issues.
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112 Glenleigh Ct., Suite One, Knoxville, TN 37922
Select a local Pigeon Forge, Tennessee firm for diligent Guardianship of Incapacitated or Disabled Individuals representation.
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130G Market Place Blvd, Knoxville, TN 37922
Those seeking legal help with Guardianship of Incapacitated or Disabled Individuals can reach out to Lisa Collins Werner, a local practice representing people in Pigeon Forge, Tennessee.
224 N. Main St., Clinton, TN 37716
Select a local Pigeon Forge, Tennessee firm for diligent Guardianship of Incapacitated or Disabled Individuals representation.
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800 S. Gay Street, Suite 1100, Knoxville, TN 37929
804 W Race St, Kingston, TN 37763
800 South Gay Street, Suite 1950, Knoxville, TN 37929
9724 Kingston Pike, Suite 1012, Knoxville, TN 37922
705 Gate Line, Suite 202, Knoxville, TN 37909
7417 Kingston Pike, Suite 203, Knoxville, TN 37919
800 S Gay St, Ste 700, Knoxville, TN 37929
800 S. Gay Street, Suite 1200, Knoxville, TN 37929
10263 Kingston Pike, Knoxville, TN 37922
900 S Gay St/, Riverview Tower, Suite 1800, Knoxville, TN 37902
900 S Gay St, Suite 300, Knoxville, TN 37902
265 Brookview Centre Way, Suite 600, Knoxville, TN 37919
550 Main Street, Suite 600, Knoxville, TN 37902
116 Agnes Road, Knoxville, TN 37919
800 South Gay Street, Suite 1400, Knoxville, TN 37929
111 Commerce Street, Sevierville, TN 37862
408 N. Cedar Bluff Road, Suite 463, Knoxville, TN 37923
609 Smithview Dr, PO Box 4397, Maryville, TN 37802
900 South Gay Street, Suite 2006, Knoxville, TN 37902
900 South Gay Street, Suite 1810, Knoxville, TN 37902
625 South Gay Street, Suite 625, Knoxville, TN 37902
Pigeon Forge 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 Pigeon Forge.
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.