guardianship attorneys Topeka, KS
Guardianship & Conservatorship Services
The legal fields of guardianship or conservatorship are vast, with many types of unique situations. A guardianship or conservatorship allows you to have legal authority to assist a loved one by helping out or making medical, financial and common everyday decisions, either on a temporary or permanent basis. Whether your situation involves a minor, an adult, a person with special needs, or for medical reasons, Mack & Associates, LLC offers legal services to help you determine the best course of action for you or your loved one.
Getting Started With Mack & Associates, LLC
For these types of cases, we understand that they may be sensitive issues depending on your unique circumstances. Our attorneys take the time to listen and learn about your unique needs in order to best serve you. Mack & Associates, LLC takes pride in delivering high-quality, personalized legal services tailored for your best interests.
Meet Mack & Associates, LLC
Our firm at Mack & Associates, LLC is made up of a team who is dedicated to advocating for our clients. Our conservatorship and guardianship attorneys in Topeka, KS serve the surrounding areas with experienced knowledge in this specific type of legal service. Our actions reflect our values: responsiveness, efficiency, and a personalized experience for each of our clients.
How It Works
Before you decide to work with one of our conservatorship or guardianship attorneys, meet with us for a free strategy session. Once you reach out to us, we will respond within 24 business hours to set up a time to meet with you and discuss your case and concerns.
Working With Mack & Associates, LLC
You will enjoy the hard work of our dedicated support staff who keeps you updated and informed while working with us. Your attorney will only advise in your best interest for your specific circumstances. We personalize our services to help you feel comfortable and confident throughout your time with us.
What is the difference between guardianship and custody?
A guardianship, in essence, allows you to make decisions that are similar to those that you would make if you had legal custody of a minor child. Through a guardianship, you can make decisions for a minor child who is not your biological child or for an adult that cannot effectively care for themselves. A guardianship can be temporary or permanent and allows you to assist a loved one or even take control and make decisions for them.
The process involves a Judge reviewing the circumstances and approving the guardianship and then requiring yearly reporting. Guardianships are available in multiple situations such as a grandparent or aunt or uncle caring for their grandchild or niece or nephew. Other situations include a non-family member who needs care. Other common guardianships for adults include a family member with special needs or one who has been incapacitated through medical circumstances or a traumatic event.
What is the difference between guardianship and adoption?
For everyday practical matters, the primary difference between a guardianship and adoption is permanency. Where an adoption is permanent, a guardianship can later be dissolved. However, there are other differences as well. An adoption creates the legal bond that the child, or even an adult that you adopt is now your legal child, just as if he or she were your biological child. It also creates an heir-at-law relationship and allows for expanded legal rights regarding decision making.
Does guardianship override parental rights?
No. A guardianship does not override parental rights. An important aspect of guardianship law is that the legal rights of biological parents remain intact. However, for everyday practical matters, a guardianship allows you to make decisions necessary to care for your loved one, even if the biological parent disagrees.
How do I become a conservator?
A person typically becomes a conservator in addition to a guardian, but not always. As a conservator, you have control over the finances of the minor child or adult. Similar to that of a guardianship, this process involves a Judge reviewing the circumstances and approving the conservatorship and then requiring yearly reporting.
Does conservatorship override power of attorney?
The short answer is yes. A power of attorney is a grant of authority to act as an individual’s agent and is granted by the individual. However, a conservatorship is authority to protect and manage an individual’s finances and is granted by the Court, not the individual.
As a general rule, the Court’s authority would trump that of the individual, as the conservatorship process entails court proceedings with various protections for the individual built into the procedure. The appointment of an agent through a power of attorney, however, does not have the same level of protections.
Learn More About Your Legal Options
For more information on guardianship or conservatorship, use our “Do I have a case?” tool. A conservatorship or guardianship attorney will evaluate your situation and consider the best solution for you.