Guardianship & Conservatorship
Nebraska Guardianship & Conservatorship Attorney
When a family member is unable to make responsible decisions about their finances, property, living situations, or care due to age or disability, a court may appoint a guardian or conservator.
A guardian makes personal decisions for the vulnerable person, such as where to live, medical decisions, education, and training. A conservator makes financial decisions and may have the authority to pay bills, invest assets, and perform other financial functions.
People who may need a guardian or conservator include minor children being raised by grandparents, aunts, uncles, or older siblings, adults with mental or physical disabilities severe enough to deprive them of the ability to make decisions for themselves, and elderly family members with severely diminished mental capacity.
Guardianship and conservatorship cases involve many forms and court processes. Supernaw Law ensures all necessary documents are completed correctly and on time and helps clients navigate the system.
Steps to Guardianship & Conservatorship Cases in Nebraska
01 Initial Filings
Supernaw Law will gather the information needed to prepare and file the petition for guardianship or conservatorship. If necessary for your situation, a motion for temporary guardianship or conservatorship may also be filed.
02 Background Checks
Before the hearing to appoint the guardian or conservator, the proposed guardian or conservator must undergo a criminal background check, adult and child abuse and neglect registry check, sex offender registry check, and credit check.
03 Hearing
Once the background checks are complete, the court will schedule a hearing on the proposed guardianship or conservatorship. An order appointing the guardian or conservator will be entered by the court.
04 Post Hearing Filings
Shortly after the court has issued the order appointing the guardian or conservator, there are multiple forms that will need to be completed and filed with the court. These forms give the court information about the protected person’s address, finances, and assets. Some of these forms must be filed within ten days of the order. Others must be filed within 30 days of the order. It is important to work with your attorney to make sure all the forms are completed in a timely manner.
05 Letters of Guardianship or Conservatorship
Once the court receives the post hearing filings, it will issue the Letters of Guardianship or Conservatorship. The Letters are proof to others, such as schools, healthcare providers, banks, or insurance companies, that a guardian or conservator has been appointed. Additional financial forms must be filed with the court within 30 days of the date the letters are issued.
06 Annual Reporting
Each year the court will mail a packet to the guardian or conservator with forms seeking updated information about the protected person’s wellbeing, finances, and assets. These forms must be completed and returned to the court within 30 days of the anniversary of the date of appointment of the guardian or conservator.
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