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As your parent ages, they may experience issues that impair their mental acuity. Consequently, you may need to assist them with daily care, decision making, and managing finances. Elderly guardianship, also referred to as elderly conservatorship, grants a person the right to care for a senior in such circumstances. Learn how to pursue this legal right in the state of Nebraska below.

What Does Guardianship Entail?

When you become the guardian of an elderly individual, you have a legal obligation to put their needs first. This means you’ll either need to provide care for your parent yourself or find a caretaker who can manage their personal care needs.

Responsibilities for a guardian are all-encompassing; for instance, you may be responsible for handling your parent’s living arrangements, banking accounts, and overall wellness. You will also have to document the decisions you make for the court.

Which Steps Must Be Completed?

guardianshipGuardianship processes vary from one state to the next. In Nebraska, it begins by filing a petition to establish your loved one’s incapacity. A legal professional specializing in family law can walk you through this and help you compile the necessary paperwork. Documents you will need to provide include a criminal background check, a sex offender registry check, and a credit report. 

To verify that the elderly individual does indeed need a guardian, the court may visit them and report their findings within 60 days. A recommendation will be made, and a court hearing will be scheduled to discuss whether conservatorship will be granted.

You must give your parent, their spouse, their family members, and any other caretakers 14 days’ notice of the hearing in case they would like to protest your ascension to the position. During the hearing, the judge will rule as to whether your parent needs a guardian based on the evidence provided.

The guardian will then need to undergo training to be confirmed in their role.

 

If you’re seeking guardianship for your elderly loved one, contact Kleveland Law Offices in Lincoln, NE. Specializing in family law, this firm has been serving the community since 1984 and offers expert counsel for legal matters including conservatorship cases, divorce, and probate law. Browse through their specialties online. Call (402) 477-7776 to schedule a consultation.

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