Omaha Guardianship and Conservatorship Attorneys
Ensuring Your Children Will Be Looked After
Many of our clients are familiar with Powers of Attorney. These documents enable an individual (the “Principal”) to designate a trusted family member or close friend as their “Agent,” also known as an “Attorney-in-Fact.” The Agent is authorized to take actions and make important decisions on the Principal’s behalf. There are two different kinds of powers-of-attorney: one covering health care decisions and the other covering financial matters.
In most cases, Powers of Attorney are sufficient to ensure the Principal’s needs are met. Sometimes, though, an individual may have lost decision-making capacity before they signed a Power of Attorney. There may also be disputes when multiple family members share authority under a Power of Attorney, or when there are reasons to question whether the Agent is acting appropriately. In circumstances like these, it may be necessary to establish a Guardianship and/or Conservatorship with the court.
If you want to learn more about guardianships in Nebraska, call our firm at (402) 810-8611 today.
Whereas Powers of Attorney are valid once signed by the Principal, a Guardianship/Conservatorship does not take effect until a judge has entered a formal court order to establish the Guardianship and/or Conservatorship. For a court to take such action, the person who wants to serve as Guardian must petition the court to be appointed. The person who is determined to a Guardian is called the “Ward.” A Guardian is given power and control over the Ward, subject to statutes and limitations set by the court. A court will sometimes also appoint a Conservator to manage the Ward’s financial matters. Frequently the Guardian and the Conservator are the same person, though not always. A court may decide a Conservator is not necessary in cases where the Ward has few assets and they are spent entirely on their care.
Given the various court hearings and documents involved in a Guardianship/Conservatorship, it is strongly recommended to have an attorney representing you throughout the process. This is especially true when a Guardianship is contested, which means either the Ward does not believe they need a Guardian or there are disputes among family members and other interested parties regarding who would be the best person to serve as Guardian.
Carlson & Burnett has expertise in the court proceedings necessary to appoint Guardians/Conservators, reporting obligations that come with such appointments, and navigating disputes that sometimes ensue. Carlson & Burnett has extensive experience when it comes to all aspects of the Guardianship process and we work closely with clients to help them understand how a Guardianship/Conservatorship can provide vital support for loved ones in need of extra care.
Call (402) 810-8611 or contact us online to schedule a consultation with an experienced guardianship lawyer in Omaha.