Top Breaux Bridge, LA Guardianship Lawyers Near You
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321 W. Main St, Suite 1F, Lafayette, LA 70501
For those working through a Guardianship issue in the Breaux Bridge, Louisiana area, Law Office of Laura L. Davenport can be your partner in law.
3861 Ambassador Caffery Pkwy, Suite 300, Lafayette, LA 70503
800 S Lewis St, Suite 205, New Iberia, LA 70563
3404 Moss St, Lafayette, LA 70507
117 Heymann Blvd, Suite 22, Lafayette, LA 70503
415 N Parkerson Ave, Crowley, LA 70526
321 W. Main St., Suite 1-A, Lafayette, LA 70501
402 W Convent St, Lafayette, LA 70501-6722
913 Alfred St, Scott, LA 70583
120 Representative Row, Lafayette, LA 70508-3834
525 NW Court Cir, Crowley, LA 70527
2701 Johnston St Ste 303, Lafayette, LA 70508
1318 Camellia Blvd, Suite 206, Lafayette, LA 70508
109 Stewart Street, Lafayette, LA 70501
322 S Market Street, Opelousas, LA 70570-5142
111 Concord Street, Abbeville, LA 70510
321 W Main Street, Suite 2D, Lafayette, LA 70501-6858
400 E Kaliste Saloom Rd, Suite 3000, Lafayette, LA 70508-6667
315 S College Road, Suite 165, Lafayette, LA 70503
1030 Lafayette St, Lafayette, LA 70501
2901 Johnston St., Suite 206, Lafayette, LA 70503
701 Johnston Street, Lafayette, LA 70501
2 Flagg Place, Lafayette, LA 70508
Breaux Bridge Guardianship Information
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Be in good standing with their bar associations and maintain a clean disciplinary record.Annual Review
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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 Louisiana?
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 Breaux Bridge.
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.