Loved ones who are aging or have developmental conditions may not be able to care for themselves. To protect them, an attorney can help you have them declared legally incompetent. The declaration will allow you to oversee their health and finances and ensure they’re taken care of. 

How Do You Declare Someone Legally Incompetent in Nebraska?

1. File for Guardianship

Guardianship documents must be provided to a probate court when filing an incompetency petition. The individual nominated for the guardianship will be responsible for the physical, social, and financial well-being of that family member. 

The incompetent loved one may have pertinent legal documents, such as a living will, estate plan, or a power of attorney form. Bring these documents to your lawyer, who will file for incompetency and guardianship while honoring the wishes of the family member. 

In Nebraska, a potential guardian must pass several inquiries before being approved by the court. They’ll need to provide a credit report, showing their responsibility and financial soundness. Potential guardians must also be checked for a criminal history and if they appear on any sex offender registries. The Department of Health and Human Services will confirm that the nominated guardian has no history of child/adult abuse or neglect. 

Given the many responsibilities the guardian performs, Nebraska allows for co-guardianships. The duty of care will be split between two parties to benefit the loved one in need. 

Once appointed, the guardian has to complete a training program overseen by educators and attorneys. From the appointment date, the guardian has 90 days to file a certificate stating they passed the course. 

2. Schedule an Evaluation

Within 60 days of filing for guardianship, a licensed, third-party psychologist must evaluate the potential ward. The psychologist will assess their mental state and if they meet the criteria for incompetency. 

If the subject refuses, your attorney will petition the court to order a compulsory evaluation. 

Once the psychologist fills out the recommendation form, the document will be filed with the incompetency or guardianship petition. 

3. Attend the Hearing

At the hearing, the court will look over the incompetency petition, the guardianship application, and the psychologist’s evaluation. A judge may also ask for further evidence of incompetency at the hearing. In the end, they will decide if the petition should be accepted and if the proposed guardian is approved. 

Declaring a loved one legally incompetent can be challenging and emotionally draining. For nearly 130 years, the attorneys at The Law Offices of Bromm, Lindahl, Freeman-Caddy & Lausterer have made the process easier. They will help with the paperwork and filings and represent your family in court, so your loved ones will always have someone to care for them. For more information on their practice areas, visit their website. If you’re in the Wahoo, NE, area, call (402) 443-3225 for an appointment.