Top Henrico, VA Guardianship Lawyers Near You

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 Virginia?

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 Henrico.

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. 

What Are Some Examples of Situations Where I Might Need a Family Law Lawyer?

You might need a family law lawyer if you are:

• Going through a divorce and need help with issues like dividing assets, setting child custody arrangements, or determining spousal support
• Negotiating a prenuptial agreements
• Adopting a child
• A victim of domestic violence
• Facing a child protective services investigation
• Modifying existing custody or support agreements

How Can a Family Law Lawyer Help Me?

An experienced family law lawyer can give you the knowledge and backing you need to navigate the legal system and find the best possible results for your case. Family law varies by state. A lawyer near you with experience dealing with Illinois family law and the courts and family resources in Chicago is critical in making the best decisions to move forward. A family law lawyer can help with:

• Representation in court, negotiation, and mediation
• Enforcement of court orders relating to support and custody
• Privacy and emotional support during a difficult, stressful time
• Legal strategy and planning, including helping you focus on what is worth compromising on and what is worth fighting for

What Could Happen if I Don’t Hire a Family Lawyer?

You might face several challenges if you don’t hire a family lawyer. You could struggle to navigate the legal process, leading to unfavorable outcomes in matters like child custody, support, or asset division. Without proper legal guidance, you might miss important deadlines or fail to present your case effectively, resulting in unfair settlements or agreements. You may agree to a settlement that is not actually fair to you. A family lawyer helps protect your rights, ensures fair treatment, and works to achieve the best possible outcome for your family situation.

What Are the Top Questions When Choosing a Family Law Lawyer?

These questions can help you decide if you feel comfortable and confident that a lawyer has the qualifications, experience, and ability to manage your case well. Many family law lawyers offer free consultations that allow you to understand your options and get specific legal advice before hiring them. The top questions include:

• What is your experience in family law?
• Are you familiar with Chicago and Illinois courts and judges?
• Have you managed cases like mine before?
• How do you manage potential conflicts of interest?
• What are the potential outcomes of my case?
• What is your fees and billing structure?
• How involved will I be in strategy decisions about the case?

Tips for Hiring a Family Law Lawyer

Finding a lawyer who is right for you and will represent your best interests is an important first step in protecting your rights. Find a lawyer who understands your case, knows your needs and goals, and has the experience to get the best outcome. Things to do:

• Ask for recommendations
• Research lawyers online
• Schedule consultations
• Review experience and expertise
• Talk about billing and fees
• Trust your instincts