Guardianship Attorneys in Omaha, Nebraska

At Abrahamson Law Office, we recognize the vital role guardians play in providing stability and care for children. However, guardianship can often be complicated, especially in situations involving contested family dynamics. Whether you’re seeking to establish guardianship or facing challenges in maintaining it, an experienced family law attorney can help you protect your rights and the best interests of the child. 

Nebraska law supports the importance of guardianship for ensuring a child’s well-being, particularly when the child's parents are unable or unwilling to provide the care they need.

Located in Omaha, Nebraska, our family law attorneys serve clients throughout Sarpy County, Douglas County, Washington County, Saunders County, Otoe County, and Dodge County. Reach out today to schedule a consultation. 

Understanding Guardianship in Nebraska 

Guardianship is a legal relationship in which an individual, known as the guardian, is appointed by the court to make decisions on behalf of another person, referred to as the ward. This arrangement is intended to provide protection and support for individuals who are unable to care for themselves due to age, incapacity, or other personal circumstances.  

Within the state of Nebraska, guardianships are commonly established for minors or incapacitated adults who require someone to oversee their well-being and manage their personal, medical, or financial affairs.

Guardianships are often necessary when the individual’s current care arrangements are insufficient, or when there is a lack of suitable parental or familial support. 

Types of Guardianships 

Nebraska law allows for different kinds of guardianships depending on the needs of the ward. Understanding these categories can help determine which arrangement best suits your circumstances. The primary types of guardianships include: 

• Guardianship for minors: Guardianship for a minor is often established when a child’s parents are unable or unwilling to care for them due to issues such as incarceration, illness, absence, or other circumstances. The appointed guardian is responsible for decisions regarding the child’s education, healthcare, and overall welfare. 

• Guardianship for incapacitated adults: Adults who are incapacitated due to physical or mental disabilities, chronic illness, or age-related health concerns may require a guardian. This type of guardianship grants the guardian authority to manage the individual's personal, medical, or financial affairs, depending on the court’s specific ruling. 

• Temporary guardianships: Temporary guardianship is intended for emergencies where an immediate appointment is required to protect the ward. This arrangement is typically limited in time and scope, often focusing only on urgent decisions until a permanent solution is arranged. 

• Conservatorship: While often paired with guardianship, a conservatorship is a distinct legal arrangement in which the conservator manages the financial affairs of an individual who is unable to do so. 

Roles and Responsibilities of a Guardian 

Guardians can be appointed by the court or designated in advance through a will or trust. Regardless of the type, guardians are required to comply with specific legal procedures and documentation. Under Nebraska law, guardians are accountable for acting in the best interests of the ward. Depending on the court order, a guardian may be required to: 

• Make decisions regarding the ward’s living arrangements, healthcare, and education 

• Keep the court informed of the ward’s condition through regular reporting 

• Oversee financial matters if the guardianship includes conservatorship elements 

• Make sure the ward is safe, protected, and well-cared for in all aspects of their life 

It’s important to note that guardianships do not terminate the legal rights of the ward unless explicitly stated by the court. Guardians must always strive to make decisions that respect the ward’s preferences and independence as much as possible. 

How Is Guardianship Established in Nebraska? 

To establish guardianship in Nebraska, you will need to file a petition with the appropriate county court. The petition should outline the reasons a guardian is needed and provide evidence supporting the ward’s incapacity or situation. 

The court will then schedule a hearing to assess the petition and determine whether guardianship is necessary. During the hearing, the court will review various factors, including: 

• The adequacy of the ward's current support system. 

• The suitability, capability, and willingness of the proposed guardian. 

• The specific needs of the ward, including medical, emotional, and financial factors. 

At Abrahamson Law Office, our attorneys are available to help you prepare the necessary documentation, gather supporting evidence, and represent you at the hearing to make sure the court fully understands your case. 

How Can Our Firm Help? 

Establishing or maintaining guardianship can often be complicated and emotionally charged, especially if it's contested by other family members. Our experienced family law attorneys understand the sensitive nature of these cases and are committed to providing compassionate and knowledgeable representation throughout the process. Some of our services include: 

• Establishing guardianships: We can assist you in navigating the necessary steps to establish guardianship, including gathering evidence, filing petitions, attending hearings, and complying with state regulations. 

• Handling contested guardianships: If you're facing opposition from other family members, we can help you build a strong case and advocate for your rights in court. 

• Guardianship modification or termination: In some cases, it may be necessary to modify or terminate an existing guardianship. Our attorneys can guide you through the process and represent your best interests. 

Guardianship FAQ 

How Long Does the Guardianship Process Typically Take?  

The timeline for establishing guardianship can vary depending on your specific circumstances. Typically, you should expect the process to take several months from the initial petition to receiving final court approval. 

Can a Guardian Be Removed or Replaced?  

Yes, if there are valid reasons, a court may remove or replace a guardian. Guardianships aren’t necessarily permanent arrangements and certain circumstances could lead to guardianship being modified or terminated, such as: 

• The ward regaining capacity and proving they can manage their own affairs. 

• The guardian failing to meet their responsibilities, requiring court intervention. 

• The death of the ward or guardian, requiring the appointment of a replacement guardian or termination of the guardianship. 

If you need to modify or terminate an existing guardianship, our attorneys can provide you with guidance and advocacy throughout the process. 

What Happens if the Ward Passes Away?  

In the event of the ward’s death, the guardianship will automatically terminate. The appointed personal representative or executor of the ward's estate will then take over any remaining decisions and responsibilities.  

What Happens if Guardianship Is Contested? 

Contested guardianships can arise when family members or other interested parties disagree about who should serve as the guardian or whether a guardianship is necessary at all. Our attorneys at Abrahamson Law Office have the skills and experience to handle contested guardianship cases and represent our clients' positions in court.