Top Fayetteville, NY Guardianship Lawyers Near You
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333 E Onondaga St, Suite 301, Syracuse, NY 13202
Let the practice of DeRoberts Law Firm in Fayetteville, New York be your Guardianship advocate.
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120 East Washington Street, Suite 422, Syracuse, NY 13202
In Fayetteville, New York, Elisabeth Atkinson Barker, Attorney at Law, a local practice, helps clients with their Guardianship problem.
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219 1st St, Liverpool, NY 13088
250 Harrison Street, Suite 500, Syracuse, NY 13202
659 W Onondaga St, Upper Floor, Syracuse, NY 13204
109 South Warren St, State Tower, Suite 304, Syracuse, NY 13202
109 South Warren St, Suite 711, Syracuse, NY 13202
120 E. Washington Ave., Ste 105, Syracuse, NY 13202
104 Center St, Suite 130, Canastota, NY 13032
11 Court St, Auburn, NY 13021
231 Walton St, Syracuse, NY 13202
154 S 2nd St, Fulton, NY 13069
148 Water Street, Oswego, NY 13126
5426 West Genesee Street, PO Box 217, Camillus, NY 13031
123 Farrier Ave, Oneida, NY 13421
215 East State Street, Suite 200, Ithaca, NY 14850
125 East Jefferson Street, Syracuse, NY 13202
126 N Salina St, Suite 105, Syracuse, NY 13202
798 Cascadilla Street, Suite A, Ithaca, NY 14850
100 Madison St., 1800 AXA Tower I, Syracuse, NY 13202
224 Harrison Street, Suite 500, Syracuse, NY 13202
4933 Jamesville Road, Jamesville, NY 13078
314 E Fayette St, Syracuse, NY 13202
108 W. Jefferson Street, Suite 503, Syracuse, NY 13202
170 Main St, Groton, NY 13073
Fayetteville Guardianship Information
Lead Counsel independently verifies Guardianship attorneys in Fayetteville and checks their standing with New York bar associations.
Our Verification Process and Criteria
Ample Experience
Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.Good Standing
Be in good standing with their bar associations and maintain a clean disciplinary record.Annual Review
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Pledge to follow the highest quality client service and ethical standards.
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 New York?
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 Fayetteville.
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.