Top Milton, DE Guardianship Lawyers Near You
4 N. Bedford Stret, PO Box 10, Georgetown, DE 19947
123 West Market Street, PO Box 751, Georgetown, DE 19947-0751
16 North Bedford Street, PO Box 824, Georgetown, DE 19947
18489 Coastal Highway, 2nd Floor, Rehoboth Beach, DE 19971-6189
19354 Miller Rd, Building C, Rehoboth Beach, DE 19971
We found a limited number of Guardianship law firms in Milton. Below are some of the closest additional firms.
107 S. Main Street, Camden, DE 19934
1044 S. State St., Dover, DE 19901
116 West Water Street, PO Box 598, Dover, DE 19903
34 The Green, Dover, DE 19901
308 South State Street, Dover, DE 19901
414 South State Street, PO Box 497, Dover, DE 19903
250 Beiser Boulevard, Suite 202, Dover, DE 19904
19 South State Street, Suite 100, Dover, DE 19901
1201 N. Orange Street, Suite 713, Wilmington, DE 19801
1400 Peoples Plaza, Suite 121, Newark, DE 19702-5706
Milton Guardianship 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 Delaware?
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 Milton.
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.