Top Smyrna, GA Guardianship & Conservatorship Lawyers Near You

Guardianship & Conservatorship Lawyers | Serving Smyrna, GA

Building F, 309 Pirkle Ferry Road, Cumming, GA 30040

Guardianship & Conservatorship Lawyers | Serving Smyrna, GA

1331 Spring St NW, Suite 1400, Atlanta, GA 30309

Guardianship & Conservatorship Lawyers | Serving Smyrna, GA

3225 North Point Pkwy, Suite 204, Alpharetta, GA 30005

Guardianship & Conservatorship Lawyers | Serving Smyrna, GA

950 The Lenox Building, 3399 Peachtree Road, Atlanta, GA 30326-1120

Guardianship & Conservatorship Lawyers | Serving Smyrna, GA

1201 W Peachtree St NW, Suite 2300, Atlanta, GA 30309

Guardianship & Conservatorship Lawyers | Serving Smyrna, GA

4104 Wandering Rose Lane, Marietta, GA 30062

Guardianship & Conservatorship Lawyers | Serving Smyrna, GA

4541 Wieuca Rd NE, Atlanta, GA 30342

Guardianship & Conservatorship Lawyers | Serving Smyrna, GA

1579 Monroe Dr NE, Suite F, #161, Atlanta, GA 30324

Guardianship & Conservatorship Lawyers | Serving Smyrna, GA

999 Peachtree Street NE, Suite 1500, Atlanta, GA 30309

Guardianship & Conservatorship Lawyers | Serving Smyrna, GA

171 17th Street, N.W., Suite 1100, Atlanta, GA 30363

Guardianship & Conservatorship Lawyers | Serving Smyrna, GA

1100 Peachtree Street NE, Suite 200, Atlanta, GA 30309

Guardianship & Conservatorship Lawyers | Serving Smyrna, GA

1230 Peachtree St NE, Suite 1900, Atlanta, GA 30309

Guardianship & Conservatorship Lawyers | Serving Smyrna, GA

365 Northridge Rd, Suite 230, Atlanta, GA 30350

Guardianship & Conservatorship Lawyers | Serving Smyrna, GA

1000 Parkwood Circle SE, Suite 900, Atlanta, GA 30339

Guardianship & Conservatorship Lawyers | Serving Smyrna, GA

145 Towne Lake Pkwy, Suite 200, Woodstock, GA 30188

Guardianship & Conservatorship Lawyers | Serving Smyrna, GA

1170 Peachtree Street, NE, Suite 2400, Atlanta, GA 30309-7676

Guardianship & Conservatorship Lawyers | Serving Smyrna, GA

2900 Chamblee Tucker Road, Building 15, Atlanta, GA 30341

Guardianship & Conservatorship Lawyers | Serving Smyrna, GA

2849 Paces Ferry Road, Suite 640, Atlanta, GA 30339

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Smyrna Guardianship & Conservatorship 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 Georgia?

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 Smyrna.

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. 

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