Top Black Forest, CO Guardianship of Incapacitated or Disabled Individuals Lawyers Near You
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1755 Telstar Dr., Suite 300, Colorado Springs, CO 80920
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Goldman Law, LLC has experience helping clients with their Guardianship of Incapacitated or Disabled Individuals needs in Black Forest, Colorado.
1975 Research Pkwy, Suite 100, Colorado Springs, CO 80920
2 N. Cascade Ave., Suite 1100, Colorado Springs, CO 80903
9362 Grand Cordera Pkwy, Suite 205, Colorado Springs, CO 80924
4465 Northpark Drive, Suite 302, Colorado Springs, CO 80907
115 East Vermijo, Suite 101, Colorado Springs, CO 80903
1710 Chapel Hills Dr, Suite A, Colorado Springs, CO 80920
2 N Cascade Ave, Suite 650, Colorado Springs, CO 80903
4419 Centenial Blvd, Unit 542, Colorado Springs, CO 80907
15 W Cimarron St,, Suite 204, Colorado Springs, CO 80903
2139 Chuckwagon Rd, Suite 210, Colorado Springs, CO 80919
1675 Garden of the Gods Rd, Suite 1107, Colorado Springs, CO 80907
6050 Stetson Hills Blvd, Suite 282, Colorado Springs, CO 80923
635 Southpointe Ct, Suite 235, Colorado Springs, CO 80906
618 N Tejon Street, Colorado Springs, CO 80903
24 South Weber St, Suite 300, Colorado Springs, CO 80903
1820 W. Colorado Ave, Colorado Springs, CO 80904
1880 Office Club Pointe, Suite 164, Colorado Springs, CO 80920
517 S. Cascade Ave., Suite A, Colorado Springs, CO 80903
10 Boulder Crescent St, Suite 303, Colorado Springs, CO 80903
90 S. Cascade Ave., Suite 400, Colorado Springs, CO 80903
526 South Nevada Avenue, Colorado Springs, CO 80903
815 N Weber Street, Colorado Springs, CO 80903
15 W. Cimarron, Suite 204, Colorado Springs, CO 80903
8220 South US Hwy 8587, Fountain, CO 80817
Black Forest Guardianship of Incapacitated or Disabled Individuals 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 Colorado?
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 Black Forest.
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.