Omaha’s Best Guardianship Attorney Is At Your Service
Guardianship involves gaining legal authority to make decisions for another person, such as a minor who is unable to care for themselves. In Nebraska, courts appoint a guardian with the help of a guardianship attorney to make legal decisions on a minor’s behalf. It can also be done by an adult with the authority to make such a decision. The guardian must then ensure the child is protected physically and financially.
Contact us to learn more about family law and find a guardianship lawyer in Omaha to suit your needs. Schedule an initial consultation today by calling Husker Law at 402-415-2525.
When Should You Seek Guardianship?
Several situations could warrant someone needing a legal guardian. It is often for the individual’s safety and well-being, but guardianship also serves as a way to ensure that those without caretakers are taken care of.
Children are the most common individuals who may need a guardian because they could live in unsafe conditions, experience the death of one or both parents, or have other extenuating circumstances that require them to do so. Sometimes an older sibling or a blood relative may become a guardian for a child. A guardianship attorney can help build a solid case to prove to a judge that the guardian is reliable enough to take responsibility.
How Can I Become a Guardian?
According to Nebraska’s Probate Code, there are two ways you can become a legal guardian to a minor.
Appointment by Will
The parents of a child can appoint a guardian in their will. If the parent dies before the child is an adult, the directions in the will must be followed.
Appointment by Court
The court has the power to appoint a guardian to protect the health and welfare of a minor. This only happens when the parents have their parental rights suspended or terminated due to illness, death, abandonment, poor living conditions, and more.
What Responsibilities Does Guardianship Come With?
As a legal guardian to a minor, you must act in their best interest. In most cases, guardians have complete control over the individual’s affairs and can make legal decisions on their behalf. A guardian has the following powers and duties:
- Must help properly provide and manage their finance and personal effects
- Provide them with shelter and basic necessities like medical assistance, food, and education
- Must apply any assets received for child support to support and care for the minor
- May consent to the marriage or adoption of the minor
- Must report the condition of the minor and the minor’s estate which has been subject to their possession or control at least annually or as ordered by the court
When Should I Hire a Guardianship Attorney?
Before seeking guardianship of a loved one, get in touch with a guardianship attorney that specializes in family law. A legal advocate can provide you with all the necessary information. This typically includes:
- How to convey your reliability as a guardian
- How to prove the minor in question needs to have a guardian
- Handling the necessary legal proceedings
As long as you qualify to serve as a legal guardian, you have a high chance of success when you petition the court to secure guardianship. But, even if you gather evidence on your own, you still need a guardianship attorney’s help to receive full consideration.
Work With an Experienced Local Lawyer in Omaha
Not only can a reputable guardianship attorney help you prepare your case, but they can also recognize and help you overcome obstacles common to guardianship cases. Contact us at 402-415-2525 to get in touch with an experienced guardianship lawyer in Omaha today.