Many aging parents reach a point where they are no longer of sound mind to make rational decisions on their own. When this occurs, adult children often find it necessary to take over the day-to-day management of their loved one’s affairs. This can be done by going through a court proceeding to obtain guardianship, making the parent a ward and giving their child authorization to handle decisions regarding health care, finances, living arrangements, and property. If you believe it’s in your parent’s best interest for you to become their guardian, here’s an overview of how to go about that process.
What Are the Steps Involved in Establishing Guardianship in Nebraska?
Petition the Court
Most guardianship cases begin when the prospective guardian files a petition with the court. However, before doing so, it’s strongly recommended that the petitioner seek legal counsel to ensure the proper procedure is being followed. Your legal counsel will also help explain why you think guardianship is necessary and gather the proof you need to support this claim.
Give Notice & Provide Documentation
The next step is giving the proposed ward notice of the petition. If they have a spouse or other adult children, they must also be notified. In Nebraska, this has to be done at least 14 days prior to the court hearing that will be held to determine whether or not a guardian should be appointed. Additionally, you will be required to submit a credit report and background check no less than 10 days before the scheduled hearing.
Attend a Hearing
Upon receiving the petition, a court hearing will be set where the judge will identify if guardianship is needed based on the evidence you present. The court must declare your parent incapable of making sound decisions and find that guardianship is the least restrictive alternative available. You will also likely need to demonstrate you have a care plan in mind. If the petition is granted, you will also have to go through court-approved training.
Instituting a guardianship can be a challenging and emotionally-draining experience. Therefore, having knowledgeable and compassionate legal support to guide you through the process is essential. At The Law Offices of Bromm, Lindahl, Freeman-Caddy & Lausterer, clients are represented by attorneys who offer decades of experience in family law. They will help you put together a strong case showing why your loved one needs assistance with their personal affairs and what makes you a suitable candidate to take on that role. Call the Wahoo, NE, law office at (402) 443-3225 to schedule a consultation, or visit their website to learn more about court-appointed guardianship.