Top Topeka, KS Guardianship of Incapacitated or Disabled Individuals Lawyers Near You
Experienced and Dedicated Lawyers Helping Individuals and Families with Divorce, Custody, Paternity, Family Law, Modification
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800 SW Jackson St., Suite 812, Topeka, KS 66612
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Stange Law Firm, PC has experience helping clients with their Guardianship of Incapacitated or Disabled Individuals needs in Topeka, Kansas.
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3550 SW 5th St, Topeka, KS 66606
2850 SW Mission Woods Dr, Suite 102, Topeka, KS 66614-5616
800 Southwest Jackson Street, Suite 1310, Topeka, KS 66612
1508 SW Topeka Blvd., Topeka, KS 66612
1610 Southwest Topeka Boulevard, Topeka, KS 66612
1507 SW Topeka Boulevard, Topeka, KS 66612
3301 Van Buren, Topeka, KS 66611
3600 SW Randolph Sq., Ste 7, Topeka, KS 66611
2909 Southwest Maupin Lane, Topeka, KS 66614
534 South Kansas Avenue, Suite 1000, Topeka, KS 66603
534 Kansas Avenue, Suite 1100, Topeka, KS 66603
2101 SW 21st Street, Topeka, KS 66604
4848 SW 21st St, Ste 201, Topeka, KS 66604
1430 SW Woodhull St., #4962, Topeka, KS 66604
2201 SW 29th St, Topeka, KS 66611
110 West 5th Street, Holton, KS 66436
712 South Kansas Avenue, Suite 400, Topeka, KS 66603
5897 Southwest 29th Street, Shadow Wood Office Park, Topeka, KS 66614
112 SW 6th Ave, Suite 501, Topeka, KS 66603
555 Kansas Avenue, Suite 101, Topeka, KS 66603
Topeka 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 Kansas?
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 Topeka.
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.