Top Severn, MD Guardianship of Incapacitated or Disabled Individuals Lawyers Near You
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1121 Liberty Rd., Sykesville, MD 21784
In Severn, Maryland area, Law Office of Leo J. Keenan, III can help clients with their Guardianship of Incapacitated or Disabled Individuals needs.
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409 Washington Ave, Ste 909, Towson, MD 21204
Get experienced Guardianship of Incapacitated or Disabled Individuals help from Law Offices of Stephen J. Kleeman, a reputable law firm in Severn, Maryland.
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307 West Pennsylvania Avenue, Towson, MD 21204
614 Edmonson Ave., Catonsville, MD 21228
600 Washington Ave, Suite 202, Towson, MD 21204
100 Light Street, 26th Floor, Baltimore, MD 21202
6011 University Blvd, Suite 250, Ellicott City, MD 21043
305 West Chesapeake Avenue, Suite 206, Towson, MD 21204
8850 Columbia 100 Pkwy, Suite 402, Columbia, MD 21045
10015 Old Columbia Road, Suite B-215, Columbia, MD 21046
300 E Lombard St, Suite 900, Baltimore, MD 21202
250 W Pratt St, Suite 2200, Baltimore, MD 21201
100 West Pennsylvania Ave, Suite 300, Towson, MD 21204
8850 Columbia 100 Parkway, Suite 302, Columbia, MD 21045
3500 Boston Street, Suite 400, Baltimore, MD 21224
111 South Calvert Street, Suite 2700, Baltimore, MD 21202
100 W Pennsylvania Ave, Suite 10, Towson, MD 21204
1501 Sulgrave Ave, Suite 311, Baltimore, MD 21209
3701 Old Court Rd, Ste 6, Baltimore, MD 21208
305 W. Chesapeake Avenue, Suite 201, Towson, MD 21204
30 E Pennsylvania Ave, Rear Building, Suite 600, Bel Air, MD 21014
114 West Water Street, PO Box 146, Centreville, MD 21617
One South Street, Suite 1100, Baltimore, MD 21202
1500 Defense Hwy, Gambrills, MD 21054
502 Washington Ave, Suite 102, Towson, MD 21204
Severn 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 Maryland?
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 Severn.
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.